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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?

OP posts:
holidayRobber · 30/12/2024 13:58

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Ionacat · 30/12/2024 13:59

Schools will almost certainly be monitoring an inbox for safeguarding issues. Check the children’s school child protection policy to see if they have a separate email address or just the general admin one. Put safeguarding in the header and I suspect someone will get back to you.

holidayRobber · 30/12/2024 14:07

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holidayRobber · 30/12/2024 14:08

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LoyalKhakiTiger · 30/12/2024 14:15

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Actually to both SS and Cafcass . SS stated that she refused to engage with them so there wasn't anything they could do further .

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holidayRobber · 30/12/2024 14:23

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holidayRobber · 30/12/2024 14:24

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JerseyScot · 30/12/2024 15:32

Something similar happened to my BIL earlier this year. SS and Cafcass were already involved and she did not inform them of her move nor did she inform my BIL. Cafcass were extremely unimpressed by her actions as was the court. The judge asked my BIL whether he wanted her to be required to move the boys back. He decided against that as by the time of the court hearing the boys were already in a new school and he did not want them to suffer further upheaval. He ended up relocating and was ordered 50:50 care. He has them for a week every other week. There is a further order against her being able to relocate again.

Both my BIL and his wife had solicitors and barristers albeit his was funded by a personal loan. If you can afford it I'd recommend it.

Good luck. I hope the court process is successful!

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