Child Residency

[Philta]

My son wife was arrested for assault and neglect of her children while on holiday without my son. My son has had the children since. They are now living in emergency housing as his landlord who was his mother in law evicted them. His wife was put on bail for a month this has been extended for a further 2 months. What happens after the ba time if she not charged. There is a residency court date just after her bail date ends. My son is petrified she will get children back. What are her chances

[EDDIE51]

You need to get in touch with a lawyer who specialises in family matters URGENTLY ! In a case like this where the safety of a child is at stake you can get legal aid . But HURRY, only 1 side in a custody case can get legal aid. If your wife gets it first that's it, you are on your own. I had a similar situation in my own family. We got legal aid, just as well. If it had gone to court it was £10,000 cash up front for a solicitor just to prepare a case! Get a solicitor DO NOT let your son go into court without one!

[Philta]

Thank you Eddie51. My son has a solicitor and does have legal aid.I am sure he should get custody but his wife is going down the dirty route. Tried to get my son arrested with false accusations. It is making my son so stressed. Hope your situation had a happy ending for you

[Theland]

No advice sorry, but just hope that right will triumph over wrong.
Best wishes to you and your son, and of course, the most important, the children. Stay strong.

[EDDIE51]

Family courts, who hear these cases , are NOT stupid. They know all the tricks people get up to. They will be very well aware of tactics such as the wife is using. They see them everyday.
What age are the children? I ask because a child of 10 or over is deemed capable of giving evidence themselves. The child will be carefully and gently asked questions by a skilled lawyer with years of experience of the situation.

[Philta]

The children are 8 and 4. My son does not want to put through the stress of saying bad things about their mum. The 8 year old was told it was his fault by his mother.
Thank you Theland for you kind words