Absent DV ex (with PR) can turn up and take kids out of school without my permission..

[FullySwindonian]

Not entirely sure which board to post this on...

I learnt today that my chikdren's father who I finally left after 7 years of DV - taking a toddler and 4 week old with me - has every right to turn up to their school and take them away, because he has Parental Responsibility (named on their birth certs).

By providing his ID, school says he can do this. The only way to prevent it is by taking out an injunction against him.

But it's been 5 years since I left. Although he continued the DV for a couple of years after I left when he visited the hideous a couple of times a year, it eventually dwindled out about two years ago to just vicious emails and texts, all of them threatening. There's been no contact since. Well, until he made a Facebook profile the other week and uploaded hundreds of publicly viewable photos of the kids and friend requested me and all my other Facebook friends.

Given the DV was so long ago, is it still possible to get an injunction?
He's opened an access case against me last year but he failed to attend mediation or co-operate with any solicitor advice. Given the time span,nthe fact he's never bonded with the youngest, and that we are now settled as a family, how can he just come back into our lives, and take them away from school as he pleases?

Would he have to bring them back after a few hours, a weekend, or never...amd I end up going to court to get them back? Talk about repeating history, this is what happened to me as a toddler. My bio dad and his mother kidnapped me from my mum and she took a year in court to get me back.

Summarily, what basis would an injunction have now? His previous threats stated he'd try to take them off me specifically to make me suffer, so he has proved himself vindictive.

I wish I could answer - I'm just posting to suggest that you repost in the Legal topic, and keep bumping. There are quite a few lawyers who are very helpful there and can point you in the right direction. The very best of luck - I really hope you find a solution.

You could look into a prohibited steps order that will legally stop him from removing dc from school.this may be obtained through a court order. The school legally have their hands tied when it comes to both parents having PR and will adhere to those rules. They could stall him whilst they telephone you to say he is there to collect the dc but this may lead to a scene infront of the dc and the school.

You need a residency order. If he takes them you will have to go to court before the police will make him return them. Because a he's got pr and there's no court order in place he can take them out of school and have them live with him. Seek legal advice immediately xx

Sadly residency orders became obsolete last week. Ask the schools to stall whilst you are called. If he has form for DV his reaction to being stalled may be enough for the school to block him through 'concerns' for his behaviour, and also they can call their own lawyers for advice if they are aware your dc have not seen their father for five years, as it is clearly not in their interests to be handed into his care.

Get legal advice immediately.

I took a prohibitive steps order against my ex for exactly this reason. Ex turned up, out of the blue and I needed to close down all access. School said that legally they couldnt stop him, but as they didnt know him they would need proof that he was her father - not just iD - and during that time they would be trying to contact me and hoping he might kick off and have to be removed.
I did put in writing to the school that I was taking legal action to have a PSO, and that they had been told of his previous behaviour, plus pointing out that should anything happen to her if they allowed him to take her, that I would hold the school totally responsible.
So yes, get a PSO asap

This is all very interesting. I think these new legal developments go some way towards explaining why he has suddenly got back in touch after two years of total absence :/

The name of "residency order" has now changed, but they still exist under a different name - child arrangement order. If you have a real reason to fear your ex may take the dcs and not return them, I would ring around a few solicitors to see if you can get a free 30 min advice session. You may be able to do it by self-representing. Because the DV is so long ago, it may be difficult for you to get legal aid.

If worst came to the worst and he did take them, it wouldn't take a full year to get them back. Things have improved - you could go to court and seek an emergency order. The status quo is that they live with you, so it should be straightforwad to get, and you'd get them back within days.

So don't panic, the new legal developments haven't put you in a worse position (although he may have made that assumption).