custody rights?

[triplehelix]

I am a full time working mum and my DH is a SAHD. Our relationship is in tatters and I think we need to split up but I am really worried about my rights. My kids are still very young ( 3 under 6) and my DH is not from the UK. I am terrified he will fight for custody and take them abroad as he doesn't have anything to keep him here. Although I work, I spend every waking moment I can with them and take over the child care the minute I get home. Am I right to be worried?

Both parents have equal Parental Responsibility and rights to carry out those responsibilities. If living and contact arrangements cannot be agreed between parents either parent may apply to court and after hearing both sides of the dispute the judge makes a decision. The judge must give regard to the welfare checklist, in particular the background and which parent (if any) is best placed to care for the child. Generally consistence of care is deemed in the child's best interest and it is an uphill struggle changing the established arrangement. If there is a history of shared care there is no reason why child care can't be shared when parents separate, although not necessarily 50:50.

Consent from all those with PR or permission from the courts is required to relocate a child permanently abroad.

Both parents have equal Parental Responsibility and rights to carry out those responsibilities. If living and contact arrangements cannot be agreed between parents either parent may apply to court and after hearing both sides of the dispute the judge makes a decision. The judge must give regard to the welfare checklist, in particular the background and which parent (if any) is best placed to care for the child. Generally consistence of care is deemed in the child's best interest and it is an uphill struggle changing the established arrangement. If there is a history of shared care there is no reason why child care can't be shared when parents separate, although not necessarily 50:50.

Consent from all those with PR or permission from the courts is required to relocate a child permanently abroad.

thanks for replies. I am away from home for up to 12 hrs a day when I go to work 4 days a week but when I get home I care for the kids, do the baths and bedtime. I am also the one that has always got up in the night to attend to them. Weekends are shared but I would say I did a bit more.

....sorry posted too early!

Am I right in thinking that the court would have to get my permission for the kids to go abroad? If they did succeed at going abroad, I wouldn't be able to support them the way I can over there because I can't do my job abroad owing to differences in training. So to be near my kids I would have to give up my career and my our financial security for the family. Would the courts take this into account? Do they listen to the children?

I wouldn't mind if DH had more custody than me as I work...but as long as they were still in the country

If you're worried about him taking them abroad, there is excellent advice on reunite.org/ (scary but read anyway).