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
You need to find out if you have parental responsibility for the eldest as if i remember rightly things were done slightly differently back then.
Has she taken all hers and the childrens belongings? Has she expressed she isnt returning home? Could she be expecting you to move out over the summer so she can return?
Realistically she can do it as she already has. Its where you go from here that makes the difference. Try and keep the lines of communication open and not let your feelings get involved. Someone will be along to give you a more legal point of view but in the meantime you''ve found a fantastic support network here and we''ll help you through it all!!
Can you say where she has moved them from and to? If she has moved them out of England/Wales to Scotland or somewhere else then it becomes a little more complicated.
I don''t know the personalities involved or what caused the action but if you believe it genuinely is ''the end'' then there are a number of things you could do;
1. Engage a mediation service to quickly sort out access (well, these things are never truly quick).
2. Download form C100 and launch a Contact Order (which will ensure you have access) or a Residence Order (that will aim to have the children with you). You should also consider putting in a prohibited steps order to stop her removing the children from their school or from removing them from the country (ie England/Wales) if you think that is a risk.
3. If you want to return the children home then you must also write to the school to prevent them removing the children from the school roll. If they are removed it will make it less likely the courts will return the children as they have no school to go to. Write to the Headteacher and tell them you have parental responsibility (if you do) and that you are placing the matter in the hands of the court and that you request that the school does not remove the children from the school roll without your written permission or a court order.
I am sure others will come in with opinions and advice on this topic and I am sorry to hear this has happened. If you can provide a bit more background to your situation then there might be further things you could do.
Hi, thanks for the quick reply. Just to fill you in a bit more, the move is all within england, from north to south, about 270 miles. To her parents, who are despaate to have kids with them. I feel that they are fuelling the problem. I made sure i had PR for older child, and think it was automatically on birth cert for younger ones.
I am not primary carer, as i,m self employed, but was very hands on.I was here when they got on school bus, and back home by time they got home, most of time, as partner struggled to cope with the four of them on her own.
Hope that fills in the blanks.
I rang to speake to kids yesterday, and they said they wanted to come on a long planned camping trip with me next weekend, then she came on phone and said, unless i agreed to return them to her parents home, then i would not be allowed to see them!