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custardy of kids

  • isisdave
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30 Aug 12 #352925 by isisdave
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My partner left recently, and took our 4 kids. We were not married but have lived together for ten years.
She says shes not coming back and shes keeping the kids. Which is heartbreaking for me.
I have 2 of them staying with me at the moment. If i dont take them back to her, and just put them back in school at end of hols, what is likely to happen?
We both have pr, and no residancy order has been made

  • Fiona
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31 Aug 12 #352976 by Fiona
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YOur ex could make an emergency application for interim residence and the courts would consider the background and which parent is in the best position to care for the children. On the one hand it might be deemed less disruptive for the children to stay with you and go to their old school, but on the other hand if your wife has been the parent with the majority of care it might be deemed in the interest of the children to live with her until the case can be heard in full.

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31 Aug 12 #352986 by isisdave
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its a gamble then. Thing is ,that if i do return them, and let them start school at her new home, i will have very little chance of getting them back, and its too far away to see much of them.
May be a gamble worth taking?

  • Elphie
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31 Aug 12 #352989 by Elphie
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It might be a gamble worth taking, but I thought I might point out a couple of other things which may help you decide.
You say you have 4 children, but only two are with you. Why are the other two still with your stbx? Is it because they are pre-schoolers? I think a court would seek to keep all the siblings together, so if you are not in a position to look after the younger ones then this might count against you. (if foe example, she doesn''t work and you do work, I''m sorry, I don''t know what your personal circumstances are so I''m making assumptions)

Also, just keeping them with you could cause animosity between you which might then make future contact arrangements difficult. She might decide because you kept the children, you are a "kidnap" risk and refuse contact or seek supervised contact. I know, I know, she started it because she has taken your kids away and you keeping them with you is no different to what she has done. I am not defending her. However, if she has pre-schoolers and has been the primary carer, there is a good chance she will be awarded residence and you need to think through the reperscussions of what loosing this might mean for you.

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31 Aug 12 #353142 by isisdave
Reply from isisdave
Thanks for reply. Sounds like good sense

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