Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. If you pursue a divorce this will not mean that the children will be taken away from you. If you contact social services to report her behaviour they will need to investigate whether her behaviour is a risk to the children, and if it is they will consider other placements for them - for example yourself or other family members, and if there is an immediate emergency then they may be placed in foster care but this cannot be done without a police protection order or a court order.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.,
No, social services can get involved at any time and will only get involved if there is a risk to the children. The divorce will not instigate their involvement. If her behaviour continues to the extent that you and the children are at serious risk you can apply to court for a non-molestation order (an injunction) using form FL401 to your local family court.
If no agreement can be reached regarding arrangements for the children then either of you would be able to pursue a court application for the court to decide their arrangements.
No, just because she does not have a job does not mean she should remain in the property or the children should be placed in her care. The court will need to assess all the circumstances of the matter and decide what is in the children's best interests.
Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris