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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need help. It's boxing day, we've come down to my partners

Customer Question

I need help. It's boxing day, we've come down to my partners parents house to stay and I've been told she's now not bringing the kids back up to the family home. Talk about devious!!
I need help quickly. We had arranged to go back home this evening, but now I'm told we're not.
We have arrangements to see my family back home. But also, surely my partner cannot just remove our kids from their surroundings and schools etc etc.
Please tell me what I can do to stop this and in particular how I can stop her moving my kids away. It's over 100 miles not just round the corner.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
How old are the children and are you named on their birth certificate as the father to confirm if you have parental responsibility.
If you have parental responsibility she cannot do this without your consent and you will need to puruse an urgent application to your local family court for a specific issue order under fo C100. There is a £215 court fee for this.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiJust to add and to clarify.Whether or not you currently have Parental Responsibility for the children you can shoudl return home and prepare an application for a Prohibited Steps Order to prevent your ex from changing the children's Schools and for a Specific Issue Order that the children reside in your town/village whilst the matter is being considered.You should ask for an urgent hearing - and one that is not on notice given the emergency nature of the matterThis is done on the same form and there is only one fee to pay.In the event that you do NOT have Parental Responsibility (you can check here https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility) then you can apply for that at the same time.Once the Order is in place your partner will have to return home whilst the court case proceeds, and accordingly you should arrange to discuss matters with her using family mediation - in the long run if you are separating (and it appears you are) then these issues have to be discussed and decidedIn the long term much will depend on the age of the children and what support is available to your partner in your home areaClare
Expert:  Clare replied 1 year ago.
The court should be open on Tuesday - be there to issue the application
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.