can she just take kids?

Hi,hope someone can spare a few minutes to give me their thoughts on this.
I am not married, been living with my partner for 9 years,in my house.We have four kids, ages 9,6,3, &1. She has taken them to the other end of the country, to her parents, and says,thats it, its over. Says we will have to sort access once things have settled.
Can she do this?
Just take them from their dad, school, home?
Any advice much appreciated

Do you have Parent Responsibility for the children?

If yes, the answer is no, she can''t just pack them up and leave.

Have you talked to a solicitor about this?

Thanks for reply, I do have PR, cant get to see a good solicitor till 9th aug

As I understand it, she can take the children to live in another part of the UK BUT... she cannot change schools without your consent.

I have found this link for you:

www.fnf.org.uk/law-and-information/parental-responsibility

"In there it states:

Though there is no Absolute agreement, the rule of thumb is that the following matters require the consent of all those who have parental responsibility for the child:

Change of surname (even where there is no residence order)

Removing the child from the jurisdiction (i.e. England and Wales) for more than one month

Committing to a serious and irreversible operation (except in an emergency)

Change of school".

I think you should consult a solicitor.

Why don''t you try to call Wikivorce''s helpline, too?

Wishing you the best.

C.

Although when both parents have Parental Responsibility it''s unlawful to change schools without the consent of the other parent in practice there is nothing legally to prevent a parent from doing this. But unless there is evidence of DV a dim view is taken of acting unilaterally and won''t help the parent''s case.

IT is a family law matter rather than one for police or social services. If the other parent didn''t agree with the move they would need to apply to court in order to regulate Parental Responsibility and ask for a Prohibited Steps Order to prevent or reverse the decision, and/or a interim residence order or shared residence order. Choosing the best option depends on the particular circumstances.

The courts would then look at the reality of the situation and consider the practicalities. See the Welfare Checklist, s1 Children Act 1989. It may not be possible for the children to change back.

On the one side a parent who cared for the children the majority of the time is in a stronger position to continue even if they move in the UK but that can be negated if it''s found that the intention of the move was purely to frustrate contact and the other parent has a substantial amount of care or older children prefer to stay with the other parent and attend their old school.

Even though you may not prevent the move and change of school by applying to the courts proper arrangements for contact and travel can be put in place.


Usually seeking agreement perhaps with the help of a mediator to defuse the situation is the best first option but not always in circumstances like this. What are the existing work/child care arrangements, how long ago did your wife leave and is she willing to negotiate?

Fiona, Can you clarify the school thing for me?
I know someone who''s ex and OW (who he had the affair with, who tore the family apart and who, since day 1 has bad mouthed and goaded the left party) are planning to move close to the left party and children.
The mother in question thinks that the ex and OW will register the child they have together into the same school as the older children are in.
This would devastate the mother, having to face the woman who ripped the childrens and her life apart on a daily basis.
The mother has said that once school returns she is going to speak to the Head and let her know that if the child of ex and OW is given a place at the school then she will have to move the older 2 children.
The ex would contest this but on a moral standing surely a court wouldnt want the mother going through any more trauma?

Thanks for reply, that sounds a more hopefull. Did''nt realize there was a help lhave you tried it?