Ex is with convicted woman beater I worry about my kids

[Tazard]

My 2 kids live with there mum and I've taken her to court before when the kids were on section 17 when at there mum
but the courts said I could not take them and ordered I send them back home this was when they were 6and 7
now the kids are coming up to 12 and 13 they have expressed wanting to live with me.

Now at the time we went to court she said they could choose at 12/13 and my son remembered this and asked me and his mum if he could live with to which I said yes but she said not until he finishes school around 16.

But he really doesn't want to live there anymore. And to top things off she's now living with a 2 times convicted woman beater who has been in prison for the 10 years due to this. What chances would I have in court if I decided to go there again based on the fact they want to live with me and the people she has living there and the drugs I'm pretty sure she's taking as he's known for that too. Just wondering if I'd stand a chance in court again as I don't want to get there hopes up if I don't have a leg to stand on cause I'm just dad and not mum

If you believe your children are in immediate danger you have every right to go and get them. Then you can do the legal part. Socaial Services have given me this advice in my line of work numerous times.

Personally I'd wait until they are with you. Then apply for an emergency hearing to not return them -citing their wishes.
Ps wife beater -is there a police record -hear say or allegations are NOT enough.

Sorry Social Services

I would take it to court, based on everything you have said.

We're going through something similar with DSS & DSD.

Marac wasn't done as their mother lied about the relationship with the convict.

Gather as much evidence as you can and take it to court asap. Get a section 7 done if possible as this will uncover the criminal's history too.

And explore a prohibited steps order to prevent him from having direct and indirect contact with the children

@2021hastobebetter makes a good suggestion.

Are they not doing home learning at the moment online? If not, why not?

If they are they could come to you now rather than waiting until next school holidays?

Oh there's 2 counts that was in prison for both accounts second time he did it he handed him self in and he said he would get help for anger and alcohol addiction drug abuse.

They do home learning yes last holidays I had them longer and they done school online while they were here.

Last time I did the not take them home and put in for emergency court they were taken stright back and eveybtime I saw my daughter I had to denit her hair I'd spend hours when I got them back I'd comb her hair for ages getting them all out and then she then goes home by time she's back loads of nits and her scratching so do it all again. I kept all what I found on each occasion to show in court cause it was awful they didn't want to know. I had my son ask for a code word he could use if he felt in real danger. So we made one up.

He's not used this but he does keep asking if he can live with me.

And now I know she's got a convicted criminal there I feel there's an element of danger now as well as the fact he's been asking me to live here

Just hard as I've had negative experience with courts so far

They are 6 years older now and their views are taken into account. You need to talk to them about how they would feel changing schools and perhaps not seeing much of their friends again etc.

If they are both sure they want to live with you and can give you reasons why then go back to court it's the only way.

Take it to court my friend and her husband got full custody of his kids as the exs new partners violent (and has a past to prove it)