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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Quick help needed!

16 replies

GingerWrath · 03/08/2012 08:48

DSIS, husband is leaving her and has said he is taking their DD, where does she stand legally?

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OlympicTeaDrinker · 03/08/2012 08:51

If they're married he can't they're both entitled to joint access.

Perhaps a little more background info.

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GingerWrath · 03/08/2012 08:54

Sorry posting in haste, she works full time he is on permanent nights, they haven't been getting along for a while, he announced this morning he is moving to his Mum's and taking my 5 yo niece with him as 'DISIS works so can't look after her'

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Spellcheck · 03/08/2012 08:57

He can't! Unless there is good reason, eg she's a druggie or drunk and violent or similar. If there's a threat to the DC. No court in the land would take children from their mother without her consent and a bloody good reason.

He's trying to use them to hurt her. Vile.

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OlympicTeaDrinker · 03/08/2012 08:58

Well he can't just take her.

As much as she can't just take her.

They need to go through court and she can get child care for while she's at work he need to have substantial evidence of child neglect or cruelty.

Is he normally controlling?

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Sighingagain · 03/08/2012 08:58

What a nightmare - who has been her "main carer"?

Post in legal.

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OlympicTeaDrinker · 03/08/2012 09:00

Yes post in Legal.

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GrasshopperNchipmunk · 03/08/2012 09:02

Legally, he can 'just take her'....

However, your DSIS needs to get this week off work, seek legal advice re. Interim residence order and call the police if he try's to take her from the home. If their is a dispute re residence, the police will not allow the child to be moved from their permanent home.

Good luck

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OlympicTeaDrinker · 03/08/2012 09:04

Yes but not prevent the mother from having he can't.

Of course he can take her to visit his mums but he can't take her and refuse the mother access.

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GingerWrath · 03/08/2012 09:09

DSIS was her full time career for the first three and a half years until H insisted she went back to work full time after he ran up debts he needed help paying off.

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GrasshopperNchipmunk · 03/08/2012 09:13

He has PR, he can. Just like I could just take my kids and go live elsewhere, parents do this all the time when couples separate.

Usually though it's the fathers leaving on their own though, or mothers leaving with the children.

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Sighingagain · 03/08/2012 09:14

I'd find a solicitor who is a member of resolution - but it won't be cheap.

I really feel for her :(.

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GrasshopperNchipmunk · 03/08/2012 09:16

Like I said, he can, but if you call the police and say there is a dispute over residence, he won't get far.

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Sighingagain · 03/08/2012 09:42

I don't think the police will get involved - they don't usually get involved even when there are orders (in my limited experience admittedly).

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Mama1980 · 03/08/2012 09:44

She needs urgent legal advice. I would say she needs to get the week off work, see a solicitor and not let him take her from their home. Good luck

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Olympia2012 · 03/08/2012 09:46

No, it's not a police matter

And in the eyes of the law, the mum and dad are equals. He will probably make up a story of abuse/neglect or something. So be prepared.

It's tricky, because a mother has no more right than a dad

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GingerWrath · 03/08/2012 10:01

Tbh, he is not from the nicest family in town and is liable to ignore anything she puts in place legally anyway!