Welcome to Just Answer
I am a Solicitor and will assist you today.
I am sorry to hear about the current difficulties.
Please may I ask - are you named on the birth certificates for your children? do your children have passports - where are they? when is she planning to move?
Thank you for confiirming that for me.
You hold parental responsibility for your children. Your ex cannot move the children abroad without your permission or the permission of a court.
If your ex did take the children abroad withouth your permission - then she could be charged with chid abduction - which if found guilty couud be imprisoned for up to 7 years.
If you think that your ex is likley to move imminenty - without seeking your permission - then you need to apply to your local family court urgently for a Prohibited Steps Order to prevent her from doing this.
To do this you complete form C100 and take this to your local family court and ask to see a family court judge. There is a court fee of £215.
In the alternative - of she isnt planning to move straight away - you should refer to family mediation first and then to court.
The court will consider whether it is in the childrens best interest as to whether or not to approve the move. If this impacts on their time with you and also disrupts their lives - then the courts may not approve her request. The recent case law does not approve of a disruption to them seeing an absent parent.
let me know if I can help you further
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sorry - just seen your extra message. I can call but there is an extra charge for that.
Otherwise I can clarify anything if respect of my previous answer above by way of messaging.
thats ok - happy to message
in respect of the house - has she:
1) paid mortgage at any point?
2) paid a deposit?
3) added value through renovation?
If the answer to all 3 is no - then she does not have any interest in the property at all despite what might have happened previously.
You may feel some moral obligation from the past - this is your call. You are not legally obligied too.
That being said - it is possible for her to make a claim under Schedule 1 of the children act for provision of housing for the children. If she made such an application and it was successful - then this would last until your children reached the age of majority and then it would revert in whole back to you.
If she's wanting to move them she may be abe to get social housing because she is not named on your property - or a private rent with housing benefit - dependant on her financial circumstances.
You sound like you are being very reasonable.
I do think that family mediation will help to talk through about the finances and the children and see if any agreement can be reached without the need for court. There are lots of family mediation services and there will be one local to you, Just google family mediation in your area and give them a call to get the ball rolling.
glad I could help. If you need any further help - just follow up in this thread and I can answer for free.