Urgent legal advice please, my nephews father has refused to return them to their mother

[Badgerlass]

Urgent legal advice please, we don’t know where to turn.

My niece has 4 children, 3 boys aged 15, 9 & 7 by her ex-partner, and a 2 year old daughter by her current partner. The ex-partner has always been useless, irresponsible and she has always been quite frightened of him. He has taken various drugs for many years, including when they were together, she never has. He has never paid a penny in maintenance for them, or even so much as bought them a pair of shoes, they’ve been separated about 4 years, he has regular access to the children. Recently, the eldest boy said he didn’t want to visit his father anymore, no specific reason was given but his mum wasn’t really surprised. Fast forward a couple of weeks and the youngest boys spent Easter with their father, unfortunately he failed to return them, the eldest boy has now admitted that his father and his wife take cocaine and that’s why he didn’t want to see them anymore. The boys have not been to school for nearly 2 weeks and apart from 1 phone call my niece hasn’t seen them or spoken to them. His social worker has told her he has put their names down on a waiting list for school and has registered them with a new doctor. She has tried to get a free initial appointment with a solicitor but has been told legal aid is no longer available for family issues, seems you only have access to justice now if you can pay for it. We don’t know where to turn to get help, the eldest boy has been sent home from school today after breaking down in class. We all feel utterly powerless to do anything about it, can anyone advise where we go or what we need to do to get the boys back, we are desperate. TIA x

Complete a C100 from the court www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge and apply to court. If you have a low income you may be exempt from paying the £215 court fee. Ask for a residence order, an urgent hearing on 48 hours notice, do a short statement in support, and good luck. Where in the country (approximately) are you?

I work in child protection - she needs to ring her local Social Services if there are drugs in the house and the children are at risk and she needs to tell them that her son is suffering emotionally. The school can confirm that with Social Services.

Is the father's name on their birth certificates ? it can make a difference if he does not have legal parental responsibility and has taken them and failed to return them.

Also tell the other local authority she does not give her permission for a school move.

And social services re drugs. Who is the social worker who advised re schools?

Thank you guys,

Collaborate she’s in Cheshire, the children are in Greater Manchester
Celticmissey the fathers name is on the birth certificate and he does have PR.
titchy thank you, I hadn’t considered contacting the LA. The social worker assigned to the father told her (when she expressed concern re their attendance) not to worry as he had put their names on a school waiting list.

Adding to Collaborate's good advice, she should also ask for a prohibited steps order forbidding him to remove the children from their current school.

She should also ideally complete form C1A about her concerns re cocaine use.

She could also ask police to do a welfare check on the boys.

Thank you [MrsBertBibby]! I will pass that on to her. The police have done a welfare check and say there are no issues, which is what I expected tbh, having opened this can of worms he was also going to ensure he appeared to be a model citizen unfortunately

You've had good advice here already OP but just wanted to also mention Rights of Women who offer free legal advice. Here's the link to the family law section with opening hours for the helplines rightsofwomen.org.uk/get-advice/family-law/

Will keep everything crossed for your niece and her boys, you must all be worried sick

Thank you Hidingtonothing, I will pass this on to her.

Has anyone tried parking up outside his house descretely? Maybe if dc see a familiar face outside they could leave his property?