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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2291
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex is taking my two children aged 10yr boy and

Resolved Question:

hello,
my ex is taking my two children aged 10yr boy and 8yr girl away this christmas with her current boyfriend without my consent and I am strongly against this. I have recently found out that the boyfriend hits my daughter because my daughter does not listen to him and I am quite disturbed by this, she has taken them away every christmas for the past 3 years to avoid spending christmas with me my partner and my family. Last time I spoke to my children, it feels they are not comfortable with the mothers new boyfriend and showers them with materialistic things to win them over in order to displease me.
We have been separated for 5 years now and I have filed for divorce but she has refused this and moved address and did not acknowledge her new address after submitting the divorce files to her. Also she did not return the paperwork for her to sign, i do know she received the divorce forms. We have a breakdown in communication every time and she reacts in an immature manner. I initiated mediation in the best interest for the children's future but she has also refused this and has not disclosed her current address for me to make any contact to her from now. I do know that her current boyfriend lives with her and she is receiving benefits and under housing association and not supposed to have her partner living with her so I do understand why she is not giving her current address. My only intention is the welfare of my children and to have contact with them while I rebuild my life again and be there for them.
I am now in the process of applying to the courts to get contact with my children, in the meantime I do not agree to her taking them abroad without my knowledge and where they are going to and how long. I have gone through the right channels to make it amicable with her in regards ***** ***** best interest of the children but she has refused any cooperation to settle anything.
I recently reported to the police that the boyfriend physically abused me when trying to see the children at there school, she has authorized the boyfriend to collect them after school club and has told the school that I am abusive to my own children without any evidence to back this and the school has sided with her. She has slandered my relationship with the children and brainwashing them in to hating me. I have not seen my children properly nor spent any quality time with them for the past 3 years since she told my daughter directly to her that I did not want her born. She did this after spending time with them on father's day, and planned this to happen to hurt me and destabilized my daughter. I believe that she manipulates the children and tolerates her boyfriend to even harm the children. She has manipulative my own family and also swindled money from them without my knowledge.
The school is uncooperative and has not sent me the children's yearly reports and the social services in tower hamlets London where the children is registered do not act professional enough to interview the children and only relies on the information from the school which already are uncooperative.
I do not have any court order against me and my children has my surnames different to there mothers surname which she didn't want to have after marriage. Please do advice me, in the meantime I do not want them to take the children outside the u.k for christmas while I initiate to the courts, thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
In relation to the divorce, you have stated that you know she has received the petition - you can prepare a statement and submit an application for deemed service explaining how you know that she has received it (eg. she mentioned it in telephone calls/text messages etc) under Form D11 and a £50 court fee for the court to to be satisfied that you can proceed to the next stage of the divorce.
Regarding the children issue, you may wish to consider submitting an urgent application for a prohibited steps order, however these orders should only be pursued if you fear for your children's welfare.
As long as she does not have a residence order/child arrangement order for children to live with her (as under such an order she is allowed to take them abroad without your consent for up to 4 weeks) she should obtain your explicit consent to take them abroad as you have parental responsibility (you were married at the time of the children's birth). If you have reasonable excuse to refuse your consent due to welfare concerns then an application for a prohibited steps order can be pursued on an urgent basis given the short time frame between now and the Christmas break - you can do this under Form C100, together with the £215 court fee and a statement explaining your concerns.
The court will assess whether there is a risk to the children's welfare based on your application and the mother's response, as well as urgent CAFCASS checks.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2291
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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