I am going through a separation and the father just told me he wants our 2 year old child to live with him from 1st January 2019.
She always lived with me and only me since birth, her residency is my house right ?
I went to Citizen Advices and they told me he can’t do that, especially because I have the Parental Responsability and she lives with me, and i am not a bad mother or mistreating my kid. I know he aslo has PR as he is on the Birth Certificate. But can he really just come to my house and take her away from me?
Aparently, if this happen, i won’t be able to have her back as the police will not go to the father house as he has PR…
I don’t know what to do, I am lost, and everything look so confusing….
That’s so scary, I’m so sorry you’re going through this.
Best thing you can do is contact a family solicitor or another avenue for legal advice, and if possible don’t let him be alone with your little one to take them – as unfortunately you are correct that the police can not intervene as long as he is taking them somewhere safe to live and is on the l birth certificate.
Wishing you all the best and I hope you figure something out x
Sandrinha, he cannot just take her, no. At two years old, a court would give him access of a few hours, several times a week, and they would take a very dim view of his threats.
You need to go and see a family lawyer. Some offer a free 30 minutes and will explain how you can get a court order. Or call the Gongerbread helpline, or woman’s aid on Monday.
In the meantime, if your ex comes to your house, don’t answer the door. He has no right to come in. If he makes a fuss, call the police. Lock your little one’s passport and birth certificate away.
He cannot just take her and if he tried, you will be able to get her back. Is your ex British? Does he have family abroad? If you think he might try to take her out of the country, call the helpline on Monday morning.
Actually because he is on the BC he has as much right as you do to have his child live with him so if he is having contact with her he does not need to bring her back to you, shit scary isn’t it. So you need asap to get a residence order in place so that the courts have put in place that she lives with you, you have more chance of the police taking action if she is not returned to you with that in place. It is quite starightforward to get the order, you could do it yourself without having to pay a solicitor, that would save you a couple of hundred quid.
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