Culled from several of OP's posts:
"DH hasn’t got parental responsibility for them."
So they're not his children?
"It’s complicated to explain."
"I wouldn’t just take them without DH though because I wouldn’t take them away from him like that. The same reason I won’t go on my own because I don’t want to lose my children. That’s why I want us all to go to New York together."
"I’m not going to go to New York on my own and leave my children with DH without me, no way am I going to abandon my children. That’s why I want us all to go to New York together."
"DH doesn’t have legal parental responsibility because he gave it up years ago through a court order which I also agreed to and wanted at the time but that’s a situation that’s very complicated to explain. Our relationship was also in a very different place back then."
The parental rights issue is quite the hand grenade, isn't it? "He gave it up" "which I also agreed to". "Court order". I was intrigued enough to look it up, this came up on my searches from a solicitor's website.
A father can also lose his parental responsibility if an Adoption or Parental Order is made, but he can also lose his parental responsibility through a Court Order.
This, however, is not as common as people often think and is very rare for the Court to endorse. The Court will consider a child’s welfare as the paramount consideration.
There are a few limited cases in this area of family law, and removal of a father’s parental responsibility has only occurred in the following instances:
- A father has committed sexual assault on a child, causing physical and severe emotional damage as a result of the assault
- There has been serious domestic violence and it was proven that the father posed a serious emotional and physical risk to the children
- To protect the mother’s and children’s safety
It is therefore clear that parental responsibility can only be terminated in real exceptional circumstances and is not as common as thought.
"Has only occurred" says to me that there have been no other reasons for a father to lose his parental rights under a UK Court Order, so yes we are talking child sex abuse or domestic violence. But, hey - "It’s complicated to explain" and "I wouldn’t take them away from him".
Quite apart from the financial unlikelihood and the rampant disregard for what her children want, we can now add a rampant disregard for their safety. If it's all true.