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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am mother to two daughters, 13 and 4. Both have different

Resolved Question:

I am mother to two daughters, 13 and 4. Both have different fathers. The father of the eldest has not been involved in her life for more than 4 years.
My husband, from whom I have been separated for almost 4 years, has been terribly violent and controlling in the past (the last time being just before our separation). Although he has not been physical since September 2016, he has, however, been verbally abusive and even planted a dictaphone in my home since this time. In the 4 years leading up to our separation, he was physically violent on an uncountable number of occasions.
In June of this year, my 4 year old daughter made an allegation of sexual abuse. At the time, I notified the NSPCC, who then notified social services, but, as I believed there had to be another explanation (despite his poor treatment of me, I believed him to be a good father to our little girl, I made no further calls. In the following days, however, further details and more explicit disclosures emerged, at which time I involved the police. Days later, the father of my 4 year old was arrested but then later bailed.
At this point in time, with our interviews and statements completed, my husband is still on police bail (ongoing up until November 3, at this point), whilst the CPS make a decision in regards ***** ***** or not to charge him.
My question is this:
As we are all very frightened of my husband considering his past very violent behaviour (he was charged with ABH in 2011, but I did not report any preceding or subsequent attacks), and considering my youngest daughter is now very afraid to the point of having nightmares and even physically vomiting, I have made the decision to move house. Although we have a police marker on our address, we feel very vulnerable, knowing he could flip at any moment, or even get very desperate if the CPS make the decision to charge. His actions at such a point would be unthinkable.
I have secured a house in the West Midlands, near to my family (mum, step-dad, sister, brother-in-law and niece) as I feel we need a support network and currently have none.
Am I legally allowed to do this without his consent? I am scared of being in trouble for kidnap. But also, I don't want to create a bad impression should the criminal case be dropped and the matter go to family court (as I am convinced he will seek access, which I will contest). Is 70 miles too far for me to go without his permission?
Please help as I am very concerned about the implications, but at times I feel desperate and scared, and we need to be safe.
Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
Apologies for a typo: He has not been violent since September 2012!
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Please confirm if there are any orders in place regarding the children and if social services are involved - if so what is their involvement?

Customer: replied 8 months ago.
Social services have had ongoing involvement until recently. They wanted to be sure I am safeguarding the children by keeping him away, which I have done and am doing. Social services now have closed their investigation.There are no orders in place regarding the children. The arrangement between he and I was always very amicable. We had a verbal agreement with our daughter, and never attended court for anything.
Expert:  Harris replied 8 months ago.

Thank you - in the circumstances, given the serious risk to you and the children, and the police's involvement in setting up a police marker, it would likely be considered reasonable for you to move away to safeguard yourself and the children without notice, consent or consultation of the father.

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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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