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What Happens If My Ex Keeps the Children Without My Consent?

By: Abigail Taylor - Updated: 19 Sep 2017 | comments*Discuss
 
Child Abduction Parental Responsibility

The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police CANNOT help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene.

So what is Parental Responsibility?

The Children Act 1989 defines 'Parental Responsibility' as 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child'.In plain English, this means that you have responsibility to:

  • house the child
  • protect and maintain the child
  • make decisions about their education
  • name the child
  • consent to any medical treatment for the child

Mothers automatically have Parental Responsibility as they are listed on the child's birth certificate. A father will automatically have Parental Responsibility if he was married to the mother at the time of the birth or was listed on the birth certificate. Alternatively, both parents can sign a Parental Responsibility Agreement and register it with the courts, or more commonly, a father can apply to the courts for Parental Responsibility.

To apply to the courts, you will need to fill in form C1 found at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income.

But what if both parents have Parental Responsibility?

The father of my son has decided not to return my child. He has access every week, but we had an argument about what time he should return my child and he said he wasn't going to return him as he has parental responsibility and he has found out he can legally keep our son. I called the police, but they said they can do nothing about it as he is named on the birth certificate and therefore has PR. I am beside myself with worry. It has been four days now and my ex is still refusing to return him. My son is only four and has never been away from me longer than a day. I can't eat or sleep and I am beside myself with worry. I just want my little boy back.

If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts.

In this situation, if you are concerned about being able to see the children, or, if you think that the children should live with you, you can apply for a Child Arrangement Order.

Note: You may have heard about Contact Orders or Residence Orders. A Child Arrangement Order replaces these older orders but those with Contact or Residence Orders need not re-apply. Also confusingly often those in practice will still refer to (for example) obtaining a Residence Order when applying for a Child Arrangement Order.]

What is a Child Arrangement Order?

This court order determines where your child lives, which relatives they have contact with, and what type of contact (e.g. in person, phone calls, or letters). Anyone with Parental Responsibility can apply for an Order.

To apply to the courts, you will need to fill in form C100 found at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income.

I am a father of two children six and three. When I went round to pick them up last week I found my ex collapsed on the sofa through drink and drugs and her ex partner also high on drugs. My daughter and son were not dressed and my daughter's nappy had not been changed for hours and she was playing with food in the dog's bowl. I have heard they are not being fed or looked after properly and the Social Services are looking into this.

Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However if you think that your child / children may be in danger, then you may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed. If you are considering this option, seek professional advice or contact your local Citizens Advice Bureau for some free assistance.

If you can show that your former partner is not able or appropriate to look after your child / children, you may be able to get an order stating that the children should live with you. However you will need to evidence this.

Below are easy ways to obtain this evidence:

  • Take photographs of the condition of your children when you see them (e.g. unwashed / dirty clothes / dirty nappy)
  • Video or photograph your interaction with your former partner when going to collect your children, including any condition of their house as you can see it from areas into which you are invited / the doorway. However remember that you must not trespass into the property.
  • Take a witness with you when you go to try to collect the children (e.g. a family friend or if possible an independent person such as a local church minister).

Note that the courts are very unlikely to not award at least contact to a parent, even if they are inappropriate to look after a child. However this contact may be indirect, such as by letter, or supervised at a contact centre.

Remember that whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a real risk to life. If you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services.

If you are unsure about your rights, speak to your local Citizens Advice Bureau who will be able to provide you with free assistance. The courts may be able to help, but this can be a lengthy process and you will need to evidence any concerns. It is therefore important to know your options before seeking a court order.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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Hi my ex has taken daughter to Spain on holiday without my consent, where do I stand.
Barry - 19-Sep-17 @ 11:48 AM
Jenna - Your Question:
I was wondering if I could have some advice my partner or now ex partner took my daughter up to his house 12 weeks ago just like a normally would and has not brought her back and his refusing me to have any contact with her we have three other children together that are with me that he also hasn't bothered with in the 12 weeks I saw his mother down the park with my daughter and when I went over her and her husband attacked me swore at me and locked my daughter in car so I couldn't get to her while she cried for me.i don't know what to do what are my rights????

Our Response:
I'm afraid you would have to follow the advice laid out in the article and apply to court. Three months is a long time to follow this up. The longer your ex is allowed to care for your daughter, then more difficult it will be for you to get her back. If you cannot afford legal representation through the courts, you can self-litigate, please see link here. You may also be able to get a reduction on court fees if you are on a low income, please see link here . The Citizens Advice Bureau may also be able to give you some legal advice.
SeparatedDads - 18-Sep-17 @ 10:52 AM
I was wondering if I could have some advice my partner or now ex partner took my daughter up to his house 12 weeks ago just like a normally would and has not brought her back and his refusing me to have any contact with her we have three other children together that are with me that he also hasn't bothered with in the 12 weeks I saw his mother down the park with my daughter and when I went over her and her husband attacked me swore at me and locked my daughter in car so I couldn't get to her while she cried for me.i don't know what to do what are my rights????
Jenna - 15-Sep-17 @ 12:26 PM
Laura - Your Question:
Hiya I just need some advice about my 10 yr old daughter she has gone to live with her dad full time and I've not allowed it to happen as I've had her since she was born full time I don't know wot to do I just need sum advice plz many thanks laura

Our Response:
I'm afraid, you would have to take the advice of the article and take the matter to court if the father has parental responsibility (as he has equal rights regarding being able to care for yours and his child). It sounds as though this is more of a case of your daughter making the decision than the father deliberately keepinig her without your consent. If so communication with your daughter directly and/or via mediation with the father may be the way forward in the first instance. However, I hope you manage to resolve these issues without having to resort to either.
SeparatedDads - 12-Sep-17 @ 1:01 PM
Hiya I just need some advice about my 10 yr old daughter she has gone to live with her dad full time and I've not allowed it to happen as I've had her since she was born full time I don't know wot to do I just need sum advice plz many thanks laura
Laura - 11-Sep-17 @ 1:34 PM
IanS - Your Question:
Hi all. I need advice regarding access to see my son please. My ex partner approached me last week asking if I could have my son stay over one night mid week every week, as she was starting shift work and could I help.I was overjoyed at this idea and agreed. Our current arrangement is, he comes fortnightly friday through sunday evening, and comes for tea tuesday nights but I return him afterwards. I was made redundant a few months ago and my current job is very low paid (min wage), where as before I was quite well paid, needless to say I have had to make some big changes to my budget, as a result of this I did some calculations via the CSA website and the increase in access and reduced wages means that the maintenance payment reduces. I contacted my ex with this news.Now, as if for what I can only see as some kind of punishment she has said he can't stop over mid week OR come for tea anymore, and the fortnightly arrangements would also change to collect Saturday AM return Sunday teatime ! Also saying she will contact the CSA and notify them of the reduced access and this will mean I will pay more and see him less. I basically got her to admit by text that she had done this because I dared to approach her asking for more money and see how I like this instead !!We currently don't pay through CSA, we did for years, then they contacted us both and said were we happy to make a private arrangement, so we did.We also don't have any form of court order in place for access.So my question is - What can I do to stop this happening once and for all?thank you

Our Response:
Your only recourse is to ask your ex to attend mediation in order to resolve the issues. If she says no, then you are open to apply to court for access. Please make sure you keep any texts or correspondence that point to your ex stopping access and/or reducing your payment on the basis of your reduction in wage. Plus, any correspondence that shows she was willing to let you have your child more before you informed her of the drop in child maintenance. The court does not condone using children as a financial weapon. It may also be wise if you ask a solicitor to send a letter outlining this and the action you will take if access is not reinstated, please see link: When Your Ex-Partner Denies You Access, here . If you are on a low income and cannot afford legal representation in court you can self-litigate, please see link here. You may also get a reduction in court fees. I hope this helps.
SeparatedDads - 8-Sep-17 @ 12:07 PM
Hi all. I need advice regarding access to see my son please. My ex partner approached me last week asking if i could have my son stay over one night mid week every week, as she was starting shift work and could I help. I was overjoyed at this idea and agreed. Our current arrangement is, he comes fortnightly friday through sunday evening, and comes for tea tuesday nights but i return him afterwards. I was made redundant a few months ago and my current job is very low paid (min wage), where as before I was quite well paid, needless to say I have had to make some big changes to my budget, as a result of this I did some calculations via the CSA website and the increase in access and reduced wages means that the maintenance payment reduces. I contacted my ex with this news. Now, as if for what I can only see as some kind of punishment she has said he can't stop over mid week OR come for tea anymore, and the fortnightly arrangements would also change to collect Saturday AM return Sunday teatime ! Also saying she will contact the CSA and notify them of the reduced access and this will mean I will pay more and see him less. I basically got her to admit by text that she had done this because I dared to approach her asking for more money and see how I like this instead !! We currently don't pay through CSA, we did for years, then they contacted us both and said were we happy to make a private arrangement, so we did. We also don't have any form of court order in place for access. So my question is - What can i do to stop this happening once and for all? thank you
IanS - 7-Sep-17 @ 7:00 PM
Archie - Your Question:
My daughter aged15 went on a week's holiday to Scotland and has decided instead of doing gcses she wants to stay up there with relatives.Neither my husband or I with parental responsibility agree to this. We want her home to start her gcses.Any advise

Our Response:
If none of the relatives have parental responsibility, if you cannot resolve these issues between you and your relatives you can ask the police to intervene.
SeparatedDads - 5-Sep-17 @ 2:29 PM
I-Coach - Your Question:
My best friend has separated from her husband of 10 years. They have a 5 year old daughter together. She left with her daughter because he developed a drug addiction and became violent, abusive and absent in his responsibility as a father. She has moved in with her mother with their daughter and is refusing to let her father see the daughter alone (on her solicitors advice) because she is scared he won't give her back and she won't be cared for properly because of his drug habit. She has told him she will grant full access as soon as he proves he is not on drugs. He refuses to take a drug test as he knows he will fail. He completely denies that he ever took drugs and threatens court action if she says this (not sure on what grounds however) and he attempts to cover himself. She has pictures of the drugs she found in the house and a video of the last time he went crazy at her. There are 2 incidents that the police were called. She will be taking the divorce through court and wants full custody. I want to help support her were I can. Id like some advice on the following please:Can the court will force him to do a drug test? Is she right to keep her daughter away?If he takes her, can she do anything legally to get her back? Apologies for such a long post

Our Response:
As specified in this article, if the father takes his child and has parental responsibility then the police cannot intervene, it is up to the courts to decide what it thinks is in the best interests of the child. If your friend keeps the child away from her father, the father will have the opportunity to try to come to an arrangement through mediation and if your friend refuses to attend mediation, he will have the option to apply to court. Much depends upon the extent and the class type of his drug use. As you can imagine there are many parents in the UK who are drug users both recreationally and habitually. The court can ask your friends ex to perform a drugs test where is feels necessary and will be in the best interests of the child in question. It is rare a non-resident parent will keep a child without authorisation as they know it is only a short-term solution which can backfire if the matter goes to court. It is also only generally done where the NRP feels the children are unsafe in the care of the resident parent. I can only suggest your friend seeks some legal advice in order to explore her options.
SeparatedDads - 5-Sep-17 @ 11:22 AM
Seanryan83- Your Question:
My son is nearly 13 lives in Blackpool with his mum I have him every half term for the duration and I'm to give him back before he goes to school but he is refusing to go home and wants to live with me ! What am I to do ? I want him to live with me and he says he is gonna run away if he has to go back

Our Response:
You would need to discuss this with your ex directly if you are on amicable terms. If you keep your child without the consent of your ex it could backfire with regards to future access. Therefore, mutual negotiation and trying to resolve the situation of what is in your child's best interests should be considered before any hasty decision is made. Your son is still only 13 and perhaps he could talk to his mum directly about wanting to live with you, or all three of you discuss the matter between you. If you cannot agree, mediation is the next port of call and/or court if you wish to pursue the matter seriously.
SeparatedDads - 4-Sep-17 @ 12:55 PM
My best friend has separated from her husband of 10 years. They have a 5 year old daughter together. She left with her daughter because he developed a drug addiction and became violent, abusive and absent in his responsibility as a father. She has moved in with her mother with their daughter and is refusing to let her father see the daughter alone (on her solicitors advice) because she is scared he won't give her back and she won't be cared for properly because of his drug habit. She has told him she will grant full access as soon as he proves he is not on drugs. He refuses to take a drug test as he knows he will fail. He completely denies that he ever took drugs and threatens court action if she says this (not sure on what grounds however) and he attempts to cover himself. She has pictures of the drugs she found in the house and a video of the last time he went crazy at her. There are 2 incidents that the police were called. She will be taking the divorce through court and wants full custody. I want to help support her were i can. Id like some advice on the following please: Can the court will force him to do a drug test? Is she right to keep her daughter away? If he takes her, can she do anything legally to get her back? Apologies for such a long post
I-Coach - 4-Sep-17 @ 6:12 AM
My best friend has separated from her husband of 10 years. They have a 5 year old daughter together. She left with her daughter because he developed a drug addiction and became violent, abusive and absent in his responsibility as a father. She has moved in with her mother with their daughter and is refusing to let her father see the daughter alone (on her solicitors advice) because she is scared he won't give her back and she won't be cared for properly because of his drug habit. She has told him she will grant full access as soon as he proves he is not on drugs. He refuses to take a drug test as he knows he will fail. He completely denies that he ever took drugs and threatens court action if she says this (not sure on what grounds however) and he attempts to cover himself. She has pictures of the drugs she found in the house and a video of the last time he went crazy at her. There are 2 incidents that the police were called. She will be taking the divorce through court and wants full custody. I want to help support her were i can. Id like some advice on the following please: Can the court will force him to do a drug test? Is she right to keep her daughter away? If he takes her, can she do anything legally to get her back? Apologies for such a long post
I-Coach - 3-Sep-17 @ 9:18 PM
My son is nearly 13 lives in Blackpool with his mum I have him every half term for the duration and I'm to give him back before he goes to school but he is refusing to go home and wants to live with me ! What am I to do ? I want him to live with me and he says he is gonna run away if he has to go back
Seanryan83 - 2-Sep-17 @ 4:31 PM
My daughter aged15 went on a week's holiday to Scotland and has decided instead of doing gcses she wants to stay up there with relatives. Neither my husband or I with parental responsibility agree to this.We want her home to start her gcses. Any advise
Archie - 1-Sep-17 @ 5:49 PM
Rory - Your Question:
Hi, after some advice please. My wife and I have a 50/50 care split of our step daughter with her ex who were never married but his name is on her birth certificate. My stepdaughter is just 11 and has just decided that she doesn't want to live with us anymore. However, the arguments she puts up are almost certainly being pushed on her by her father, and she doesn't seem unhappy when she is here in anyway. Is she old enough at 11 to make this decision, are we within our rights to say no this is not happening? If we were to go to court would the 50/50 care scenario be upheld.Thanks

Our Response:
If your step-daughter is aged-11, her opinion may be taken into consideration in a court of law. However, the court will decide what it thinks is in the best interests of your step-daughter. She is still very young to make this decision and you are well within your rights to say no to/ challenge her decision.
SeparatedDads - 25-Aug-17 @ 2:23 PM
Hi im at a total loss My son has 3 boys aged 6.4.2 My son had a rocky relationship with his ex and she fell pregnant with the last during the split.he was there for all of the births but she never put his name on the 2yrs old b/certificate..he has had regular contact with the boys and has them for weekends! He suffers with a vomiting illness(cylic vomiting syndrome) and works around his illness for access to boys.ex partner is in a new relationship of maybe 12mths but recently the ex has decided my son is in the way!she is constantly making excuses as to why he cant have the boys such as"your not here regularly..you let them down.theyre not well".etc.although hes sufferd with this illness 10yrs he tries to lead a normal as life as possible..weve since lernt the new ex's partner is voilent and abusive although we are sure hes never touched the children we have witnessed an attack on my son when he dropped thr boys back home after a visit..hez also put windows thru in the house smashed the house up tv sofa etc..and weve also learned that the police are regularly being called and that social services are involved and she has a family support worker? None of which we were aware of! My son called to say he would be collecting the boys and she said you cant as you have to be checked out as does anyone who has contact with the boys? We called for some advice and apparently shes told anyone and everyone that shes a victim of domestic violence from my son...which is why we were not infomed of any of the situation regarding the boys..thus is totally untrue..my son has asked the police if hes on record for anything and sent for a crimanal record check so at least hes got something on papwr to prove his innocence..where do we go from here..shes not answering any calls or text..worried and concerned for boys safety.
Motherhen - 25-Aug-17 @ 9:44 AM
Hi, after some advice please. My wife and I have a 50/50 care split of our step daughter with her ex who were never married but his name is on her birth certificate. My stepdaughter is just 11 and has just decided that she doesn't want to live with us anymore. However, the arguments she puts up are almost certainly being pushed on her by her father, and she doesn't seem unhappy when she is here in anyway. Is she old enough at 11 to make this decision, are we within our rights to say no this is not happening? If we were to go to court would the 50/50 care scenario be upheld. Thanks
Rory - 24-Aug-17 @ 9:57 PM
Please can you help my partner said she can get £100 a week single parents allowance ,is this correct I believe our child would be better living with myself as she is always leaving th3 child with me on evenings ,,so she is more stable with me .Is there anything I can do maybevapplying to the court for single parents allowance myself as we have a joint mortgage body named but we are not married ?
rhino - 23-Aug-17 @ 7:20 PM
Dale - Your Question:
My partner is being difficult about contact I want my child 50% ofvtyr time.I currently have my daughter 1 day per week. How do I have this increased

Our Response:
If you cannot agree between you, then mediation is the next option, please see link here. If your ex will not agree to attend, then you would have to apply to court. The court will always decide what it thinks is in the best interests of your daughter when making a decision based upon contact and/or shared care.
SeparatedDads - 21-Aug-17 @ 3:55 PM
My partner is being difficult about contact I want my child 50% ofvtyr time. I currently have my daughter 1 day per week. How do I have this increased
Dale - 18-Aug-17 @ 8:01 AM
Hi there,need some advice please. My ex is a very harsh person that threatens me with my child everytime we have a disagrement. We both agreed that i could have my daughter for 2 full weeks, but weve had an argument over txt amd im afraid she might take my daughter home with her tomorrow when she comes to visit her. Can i stop her from doing that? And of she does do that... when i have her next week can i not return her for a week as to finish the time with her i was meant to have? Also we have a court order in place that i have my daughter atleast one night a week but we can make arrangements between us. Thankyou
Peter - 12-Aug-17 @ 1:39 AM
I my ex partner took my son 9weeks ago, I straight away put in for court arrangement order, is he entitled to claim all of my sons Money even tho the courts have not decided where my son will live yet, iv not seen my son for long and he lets me speak on the phone once a day, also he has brainwashed my son to hate me my son has mental health problems and my son is saying he wants to stay there will the courts say he can stay there because my son wants to
Boo - 11-Aug-17 @ 10:18 PM
Fruitcake - Your Question:
Hello. Almost a year ago my ex partner (father to my children) took them to live with him. He has since moved house and removed them from school. I can not find him and he is no longer returning texts or emails. I am at a loss for what to do. My children lived with me all their lives (now 5-6 years old) I'm worried about what he's saying to them. I miss them lots and I'mSure they are wondering where their mum is.

Our Response:
I am sorry to hear this. If you cannot locate your children, then your recourse is to apply for a C100 contact order through the courts. In addition to this, you can apply for a C4 form which is an application for an order for disclosure of a child’s whereabouts. This will allow the courts to put a trace on your ex in order to find your children so you can bring the matter to court. If you are on a low income you can self-litigate, please see link here . You may also be eligible for a reduction in court fees, please see link here . If you wish to apply for residence of your children (i.e if you did not give your ex permission for your children to live with him), then instead of the C100 contact order, you can apply for a child arrangement order, please see link here. This will determine with whom your child should live with and what contact should be awarded to the non-resident parent. I hope this helps.
SeparatedDads - 11-Aug-17 @ 11:02 AM
Hello. Almost a year ago my ex partner (father to my children) took them to live with him. He has since moved house and removed them from school. I can not find him and he is no longer returning texts or emails. I am at a loss for what to do. My children lived with me all their lives (now 5-6 years old) I'm worried about what he's saying to them. I miss them lots andI'm Sure they are wondering where their mum is.
Fruitcake - 10-Aug-17 @ 4:44 PM
J4nna - Your Question:
Good evening, My and my ex split up and I took our son back to my country.he never stop us last month we been to mediator and writte down agreement between us ( 4 weeks in my country two weeks in uk ) now he is refusing me to go back with my son I'm sleeping on friends sofa and I'm basically homeless here as we been advice ( by police ) not to be in same house.Really don't know what can I do He is treated me with not be able to see my son or keep me updated via phone.What can I do?

Our Response:
I am sorry to hear this. Unfortunately, if your child's father has parental responsibility he does have rights to prevent you from leaving the country. Any agreement made through mediation is voluntary and while overseen by a court of law, it is not part of a court order and therefore subject to change without any legal repercussions, meaning it has no legal weight. Your only recourse, as suggested in the article, is to apply to court for the court to make a decision based upon what it thinks is in the best interests of your son. You may wish to seek professional legal advice regarding this.
SeparatedDads - 7-Aug-17 @ 11:26 AM
Good evening, My and my ex split up and I took our son back to my country...he never stop us last month we been to mediator and writte down agreement between us ( 4 weeks in my country two weeks in uk ) now he is refusing me to go back with my son I'm sleeping on friends sofa and I'm basically homeless here as we been advice ( by police ) not to be in same house. Really don't know what can I do He is treated me with not be able to see my son or keep me updated via phone... What can I do?
J4nna - 4-Aug-17 @ 6:46 PM
Shw94 - Your Question:
I have recently got my name on my daughter birth certificate and after a few weeks of seeing her iv noticed that the house that she lives in is a state and very unclean and every time she comes to my home we change her because the clother she comes in smell and have not been washed. Since iv been seeing her there's been a lot of comments says she's happier and she's gaining weight. I brought up the issue of the unclean clothes and the smell but my ex has stop her own mother seeing the child as she's not happy being told that the house is unfit for a child and the clothes she wears smells. I'm just wondering as I'm not in the birth certificate is there anyways she can stop me seeing her or what are my best options to make sure the best is done for my daughter?

Our Response:
If you are registered on the birth certificate you ex can still withhold access if she chooses. In this case, you would have to apply to mediation, see link here and if an agreement was unsuccessful or your ex refuses to attend, then you can would have the option to apply to court. The best way you can approach this is to develop a good relationship with your ex, please see link here which will ensure the continued access and close support of your child. The fact your child's clothes might smell, does not mean she is being neglected or is unloved and cared for. However, if you feel there is neglect and you are concerned for the welfare of your child, then please see NSPCC link here .
SeparatedDads - 27-Jul-17 @ 2:30 PM
I have recently got my name on my daughter birth certificate and after a few weeks of seeing her iv noticed that the house that she lives in is a state and very unclean and every time she comes to my home we change her because the clother she comes in smell and have not been washed. Since iv been seeing her there's been a lot of comments says she's happier and she's gaining weight. I brought up the issue of the unclean clothes and the smell but my ex has stop her own mother seeing the child as she's not happy being told that the house is unfit for a child and the clothes she wears smells. I'm just wondering as I'm not in the birth certificate is there anyways she can stop me seeing her or what are my best options to make sure the best is done for my daughter?
Shw94 - 26-Jul-17 @ 8:16 AM
Cooper73 - Your Question:
Hi, my ex partner is threatening to take our daughter away to live in a different part of England (300 miles away). Can she take her without my permission. Thank you.

Our Response:
If you have parental responsibility, then your ex has to request your consent. However, if you feel your ex may take your child without your consent you can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As is all cases the court will decide what it thinks is in the best interests of the child. If your ex can justify her reasons for wanting to make the move such as family ties, help, work etc the court may award her permission. Likewise, you would have to justify why it was not in the best interests of your ex to move your daughter away from you i.e schooling, friends, family ties, stability, her relationship with you etc. Therefore, it is always best to try to negotiate with your ex regarding what you both think is in the best interests of your child, if you can. Otherwise, I suggest you seek some legal advice.
SeparatedDads - 25-Jul-17 @ 10:27 AM
Hi, my ex partner is threatening to take ourdaughter away to live in a different part of England (300 miles away). Can she take her without my permission. Thank you.
Cooper73 - 24-Jul-17 @ 2:37 AM
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    Adpc - Your Question:Hi I have a court order to have regular access to my daughter witch has worked but mg daughters mother is…
    19 September 2017
  • SeparatedDads
    Re: Breach of Contact or Residence Order: What to Do
    Pauly - Your Question:I have a court order and every other weekend when I don't have him I can FaceTime…
    19 September 2017
  • SeparatedDads
    Re: Child Support Payments: An Overview
    Donut - Your Question:Hi I'm paying child maintenance to my ex but I'm struggling to afford my general day to day bills…
    19 September 2017
  • SeparatedDads
    Re: A Guide to Child Support Payments
    Andreia - Your Question:HelloMy boyfriend and me we are thinking to go live toghther but a friend of mine told me because he…
    19 September 2017
  • SeparatedDads
    Re: A Guide to Child Support Payments
    Kath - Your Question:Hello I wondered if anyone can help me, my current parters ex is claiming that her son is his, his name…
    19 September 2017
  • SeparatedDads
    Re: Coping With Life as a Separated Dad
    bobby - Your Question:Hi,, I split from my wife about 15yrs ago very amicably and my ex wife and I were good close…
    19 September 2017
  • SeparatedDads
    Re: Child Support Payments: An Overview
    TJ - Your Question:HiMy 18 year old daughter has decided that she wants to go to Uni, afterall. She has a place and has…
    19 September 2017
  • SeparatedDads
    Re: Shared Custody of Your Children
    Mark - Your Question:Hi.I've been split up seven years from my ex and have paid monthly towards my 2 girls , 8-and 12 , I also…
    19 September 2017
  • SeparatedDads
    Re: Shared Custody of Your Children
    Roman - Your Question:I split with my ex ten months ago I had a few things to sort out after we split so I was in a position…
    19 September 2017
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