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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34019
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have just found out that my current partner is having an

Customer Question

two weeks ago i found out that my partner is having an affair.

we have two children aged 1 & 3.


we are still living in the family home together but things have become strained, we had a row over money early saturday evening and i left the house.


i returned later to find that my partner had gone and taken the two children with her.


she had driven 166 miles to her parents house and is now staying with them.


is it legal for her to take the children without my permission?


i have been in contact with her today and asked if i can take the children to my parents house for the weekend and return them to her sunday evening.


she has refused this saying that she is fearful that i might not return them, is this legal for ther to do this?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has had the day to day care of the children until now?
What discussions have there been about which of you will remain in the matrimonial home?
Do you intend to return the children after contact?
Customer: replied 2 years ago.

Hello Clare

sorry for not getting back to you sooner, i thought you were going to email my work email address.if it is easier you can phone me on ***********

my partner has day to day care of the children

we have not had discussions on who will remain in the home, i asked her if she would go to her parents with the children after the children finished nursery on the 18th of july so we could both reflect on what has happened, but after we had a row she just left on the 28th june without telling me taking the children without my knowledge.

i do intend to return the children after contact, i am a business director and could not look after the children in the week as i have a business to run.

i have not seen my children since she has left on the 28th of June


Expert:  Clare replied 2 years ago.
Are you willing ti vacate the property so that she can return with the children making it easier for you to have contact?
Customer: replied 2 years ago.
No I am no willing to vacate the property, I rebuilt this house at a cost of 30k put a 10k deposit on the mortgage and pay all the bills including the mortgage, I should not have to leave my own home because my partner left with our children after she had an affair
Expert:  Clare replied 2 years ago.
Since you both have Parental responsibility for the children your ex was entitled to take the children to her parents and she does not need your permission to do so.
The law says that a child is entitled to contact with both parents - and the courts will enforce this if necessary - so your ex should let you have contact with the children - but if she does not then you will have to apply to the court to achieve it.
The starting point is to try and discuss matters using Family mediation ( but if that fails you may need to apply to the court for a Child Arrangement Order.
Please ask if you need further details

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