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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.

Mum has run off with children

58 replies

LoyalKhakiTiger · 30/12/2024 06:53

To make a long story short...my fiancé has children with his ex wife, whom he shares parental responsibility with. They have a Child Arrangements Order in place. This past year , the mother decided to breach the court order due to my significant other allowing their children to have their hair cut at a hairdresser's (the mother declined to have it done for nearly two years, not even a trim to keep it healthy and maintained). They went back to court September of this year as Dad applied for an enforcement hearing as she refused to let him see or even speak to the children for 7 months. The mother failed to attend the second hearing in October. The court found mother in breach of the order with no excusable reasons and the mother and father are now due back in court in a few weeks times. The judge has stated that there will be a discussion of change of residence if the mother fails to attend again and if she does not reinstate the original court in full immediately (which she still hasn't as she declines to allow the father his court ordered phone calls as she stated in writing "it's an invasion of my privacy ."...🤨🙄) She now has taken the children and moved far away , a few weeks before court without giving the father any notice in advance or having a discussion. She literally informed him 3 hours before he was due to collect the children from her previous home address....which she still declines to give him the new address.

I guess my question is, how is this sudden uproot of the children going to appear to the courts as she is already in hot water as it is, so to speak and would it be even more reason to do a transfer of residency? To me it does seem quite spiteful and also it appears that she is not prioritising what is in the childrens' best interests. It also appears as If she is trying to undermine the courts in doing this.

Has anyone ever been through a similar situation?

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peasyeasy9 · 30/12/2024 07:07

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LoyalKhakiTiger · 30/12/2024 07:17

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They are 8 and 7.

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peasyeasy9 · 30/12/2024 07:19

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LoyalKhakiTiger · 30/12/2024 07:26

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I would rather not give the specific date due to the sensitivity of this topic.
It was stated if the mother fails to attend and if the mother does not reinstate the original order in full immediately...which she hasn't reinstated it in full.... than there will be a discussion of transferring residency without any reference from/to the mother. I'm quite confident on that basis alone, there will be a discussion of transferring residency without her having any input at this stage.

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peasyeasy9 · 30/12/2024 07:28

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peasyeasy9 · 30/12/2024 07:29

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LemonTT · 30/12/2024 07:29

Your husband should speak to a solicitor asap to deal with her decision to move. He should not wait for the next court date. He needs an emergency order.

saltandvinegarchipsticks · 30/12/2024 07:29

I imagine this moving of the children without consent from either the court or their father, especially against a backdrop of a breach of existing order, would go down with the judge like a cup of cold sick. This could be a tricky situation for her (and for the children, of course)

saltandvinegarchipsticks · 30/12/2024 07:30

LemonTT · 30/12/2024 07:29

Your husband should speak to a solicitor asap to deal with her decision to move. He should not wait for the next court date. He needs an emergency order.

I agree with this

LoyalKhakiTiger · 30/12/2024 07:30

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Ah ok gotcha. My apologies. It is within a few weeks.

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peasyeasy9 · 30/12/2024 07:31

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Candy24 · 30/12/2024 07:33

Honestly she just shot herself in foot. Moving away without due notice and consent is stupid. Court will burn her alive for it. Just let her be inform solicitor and court. You might ne able to get emergency injunction

LoyalKhakiTiger · 30/12/2024 07:35

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I do and thank god I don't have these problems 😅 My ex and I work amicably together for the best interest of our child. I think that is where a a lot people tend to go wrong...it is about what is best for the kiddos not about any unnecessary parental conflicts.

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peasyeasy9 · 30/12/2024 07:36

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Guavafish1 · 30/12/2024 07:36

He needs to apply for an emergency order.

LoyalKhakiTiger · 30/12/2024 07:38

Candy24 · 30/12/2024 07:33

Honestly she just shot herself in foot. Moving away without due notice and consent is stupid. Court will burn her alive for it. Just let her be inform solicitor and court. You might ne able to get emergency injunction

Thank you for that. Neither party has a solicitor. I did think that as well, that an emergency court hearing might be the way to go but was not too sure as court is quite imminent. I did also advise ages ago to apply for a prohibited steps order but I think it might have fell on deaf ears.

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JustMyView13 · 30/12/2024 07:41

You might have legal cover via your home insurance. Or if either of you have a job where you’re part of a union, this might include legal support too.

peasyeasy9 · 30/12/2024 07:42

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rainbowstardrops · 30/12/2024 07:43

I'm sorry I have no knowledge of what you can do but isn't it just so incredibly sad when some parents use their children as weapons against the other parent. Those children have been uprooted and are old enough to be severely affected. So incredibly sad.

Elektra1 · 30/12/2024 07:45

I'd be inclined to make an application re the change of residence before the next court date, so it can be heard at that hearing if not before. I'm not sure what application he'd be making - whether for the kids' return to his local area or for them to live with him full time - but @LemonTT might have some input.

Tricky if she won't give her address, as without an address you can't serve court papers in the usual way, but he could ask the court in the application for permission to serve by email (giving the reason why this is necessary, with evidence of her refusing to give him her new address, eg emails or texts from her refusing).

Good luck with it. She sounds vile.

CheekySwan · 30/12/2024 07:45

Can you ask SS to do a welfare check on the children. Is there a reason this woman is being like this and doesn't want him to see the children?

I would contact a family law solicitor for some legal advice

LoyalKhakiTiger · 30/12/2024 08:18

rainbowstardrops · 30/12/2024 07:43

I'm sorry I have no knowledge of what you can do but isn't it just so incredibly sad when some parents use their children as weapons against the other parent. Those children have been uprooted and are old enough to be severely affected. So incredibly sad.

It is heartbreaking for all of the children. I don't understand what it wrong with some adults sometimes.

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LoyalKhakiTiger · 30/12/2024 08:20

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It took 7 months to get a court date... He applied as soon as she breached the original order. If I recall correctly he did even apply for an emergency court hearing during that time...and nothing .

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RainbowColouredRainbows · 30/12/2024 08:20

He needs to get a solicitor and an emergency hearing. If she has time to establish a routine, support network and roots I.e. has time to prove they are thriving in their new school, have friends, clubs and she has a support network etc then even though the courts won't look too favourably, they may allow it (this is what happened with us) and if it's so far away, it will naturally impact the visitation he has, especially as he hasn't seen the kids in so long.

LoyalKhakiTiger · 30/12/2024 08:27

Elektra1 · 30/12/2024 07:45

I'd be inclined to make an application re the change of residence before the next court date, so it can be heard at that hearing if not before. I'm not sure what application he'd be making - whether for the kids' return to his local area or for them to live with him full time - but @LemonTT might have some input.

Tricky if she won't give her address, as without an address you can't serve court papers in the usual way, but he could ask the court in the application for permission to serve by email (giving the reason why this is necessary, with evidence of her refusing to give him her new address, eg emails or texts from her refusing).

Good luck with it. She sounds vile.

Yeah she is a nasty piece of work. It is one of those situations that is hard to believe until you see it with your own eyes. I just could not have ever imagined a person being so vindictive and conniving. It is downright cruel. What really gets me the most is that even the previous school raised concerns with the court in regards to the children and abuse at the mother's residence ....I can't fathom how that hasn't played an even bigger part in all of these proceedings ?

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