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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Scared of child abduction

4 replies

Startandmoon · 23/12/2024 04:51

My husband asked for a divorce right before Christmas. 4 day before going on a family trip. I didn’t want to go to with a man who doesn’t want to be married. He says he’ll take the baby without my consent. He was willing to take a breastfeeding baby without his mother alone in the back seat of a car for hundreds of miles. It not the first time he has abusive controlling behaviour like this towards me. I ran away with my baby as I didn’t feel safe. I am trying to draft a temporary custody order, but right now I am even scared to make conversation with him in person or see him. Even though I want my baby to have a connection with dad I can’t see how it works out in the future with such a controlling chartered that keeps gaslighting me. Could someone tell me how can apply for full custody, how much is this process? I am on universal credit and don’t have a job. Who can I turn for help? Any family lawyer you can recommend. Many thanks!

OP posts:
buttonousmaximous · 23/12/2024 06:40

No advise re custody but is it a trip abroad. Does your baby have a passport? Do you have your baby's birth certificate?

Muthaofcats · 23/12/2024 06:48

Contact the charity Reunite international as a first step.
You can also contact the police and request a port alert if you think immediate risk of baby being taken overseas.

You can’t ’apply for full custody’ as the presumption is shared parenting, unless of course the judge did find it wasn’t in child’s best interests / the threat of abduction is real.

Most family firms will give an initial free consultation.

millymollymoomoo · 23/12/2024 07:27

As others said there’s no thing as custody. There’s residency which determines where child lives and how they share their time with other parent.

was this trip abroad or within uk?

how old is the baby?

ultimately unless he is a physical danger to his child, you’ll need to work on a contact schedule which will include overnights ( possibly not while baby is young but will work up to that)

contact charities like women’s s aid if he’s genuinely abusive

LemonTT · 23/12/2024 09:15

A court will uphold the view that a baby who is breast feed should live with the mother. The father will be allowed to visit and spend time with their child. This can be supervised or unsupervised. Over time the father will be able to have the child overnight.

As mentioned there is no such thing as custody. You both have parental responsibility and part of that responsibility will be to keep the child safe and to ensure that can have a relationship with the other parent. Neither of you own the child.

In terms of his threat - he could deny saying it or claim it was bluster or said in the heat of the moment. However you have reacted and ran off with baby. Which he could claim was abduction. I realise you are scared and panicked. But please reframe this act. Because it could be said that you have retaliated to his decision to divorce by keeping him from his baby.

It sound like you had a family trip by car arranged for Christmas which he insisted on taking despite telling you he wanted a divorce. When you understandably refused to go he threatened you. You have then, moved out because of the decision to divorce.

I would get someone to tell him you have moved out and that you will be in touch to arrange contact.

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