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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can a parent remove a child from the family home against the

Customer Question

Can a parent remove a child from the family home against the wishes of the other parent? The family resides in England and mother intends to take children aged 7 and 2 to another address in England
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

To give you a complete answer - how has the care of the children been shared until now, and how far away does the mother wish to go?

Customer: replied 1 year ago.
Thanks for reply. Until now, both parents have shared the care of the children. She has been in full time work, he has remained at home to care for the children. She wants to take the children with her to Swindon, which is 174 miles away
Customer: replied 1 year ago.
More info may also be useful: last night police arrested the father after she had complained of physical abuse by him. Father was released last night but not charged. From what I can gather the allegations are untrue. Police have now advised that she may not take the children from the home, or any effects...
Expert:  Clare replied 1 year ago.

Both parents have Parental Responsibility and are entitled to have the children in their care and when they are with them take them away.

However if a parent does so then the other parent can apply for an Order that they are returned

It is clear that the father in this case has been the principal carer and he needs to make an urgent application for a Prohibited Steps Order to prevent any move until the court has decided whether or not the move is in the best interests of the children

This is done using a Form C100 available here

https://formfinder.hmctsformfinder.justice.gov.uk/c100-eng.pdf

Please ask if you need further details

Expert:  Clare replied 1 year ago.

Sadly the police are not correct

Clare and other Family Law Specialists are ready to help you