Children’s possessions

[Patriciathestripper1]

My daughters ex (just divorced) picked the children up from school and took them to his mums refusing to re turn them (boy is 14 and girl is 11). Steps are in motion to get them back,
I saw on a post he put online that he is looking for someone with transport to go with him next week and pick up his childrens possessions, toys. Clothes , ect. (He has had the children for three weeks now)

Does anyone out there know the legal side? She is in her own home that he had no part of. I have told her not to give him anything as the children will be coming home. Aibu? Can he force her to part with their belongings?

This is way beyond MN's pay rate. She needs to talk to her solicitor

Agree she needs legal advice now. I would call the police if he turns up and won't leave. He can't seize property. She should not answer the door.

Hope she's changed the locks

Is there a solicitor involved? If not, then GET ONE!!

Was there a court ordered custody and/ or visitation agreement?
If yes, then the ex is in contempt of court. A sol can file a motion to show cause why he shouldn't be found in contempt, ex gets served, proof of service is lodged with the court. Serving him may require a process server service. He has to come to court to defend himself or he will lose by default.

If there's no court ordered custody or visitation agreement then your sol needs to set in motion proceedings to determine custody and hammer out a visitation schedule. This will be accomplished via a mediation service and if agreement can't be reached the parties will go before the court and the judge will decide. It's best if the two parents can reach agreement in mediation.

No, the possessions cannot be taken.

I am guessing there is a backstory of abuse here. My sympathy to all.

I'm sorry I don't have advice other than get legal help and fight for the best interest of the children

Does anyone out there know the legal side?

Your daughter’s legal adviser, I should imagine.

Well for starters he cannot remove anything from your Daughters home... he can go buy what he needs...

she needs to get legal representation and fast.. why has she left this 3 weeks already,.. are the kids saying they want to stay with Dad ?

good luck OP 🌺

I agree with PP don't take legal advice from MN she should be banging down the door of her solictor's office. If she has no lawyer go to the citizens advice bureau for help finding one.

Thanks, No custody arrangements in place yet as she has just got a solicitor. He can’t get into the home as it’s hers. and yes big back history of abuse and control and bullying.

Thank you for responding you were really helpful. I have passed on the advice and yes she will be seeing her solicitor but at least tonight she feel more positive that he can’t just turn up and empty her home.
Piglet89 - When someone is drowning why would you throw them a brick?

Are the children still going to school?
I assume not, as your daughter could just go and collect them from there.
Do the school know the children are currently with their father, and what reason has been given for the children not attending?

Update: Thank you for all your help. Solicitor on case now and things being sorted

Your poor daughter. Sorry not trying to be mean but do the kids want to come home?

great news OP.. hopefully things will be resolved sooner rather than later..

Fingers crossed, @Patriciathestripper1.

I hope some interim arrangement can be arrived at for Christmas. Are the courts hearing emergency motions?

Glad to hear solicitor is involved. Must be so worrying for you