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My ex husband is taking my son and daughter (aged 13 & 11) to Spain on Monday. My daughter does not want to go because she is terrified of going without me. Am I within my rights as her mother to collect her from her father's house TONIGHT, where she has been staying this week?
The current arrangement is that the children spend 2 nights with their dad on alternate weekends. They usually spend two weeks with him during the summer holiday. This is a verbal agreement, as only the weekend arrangement is detailed in the proposed consent order, which is currently pending review by the court, despite decree absolute being granted on 7/11/12.
My understanding is that if either of my children do not wish to stay with their father because they are unhappy there, then they do not have to and can return home to me. Please confirm.
Thank you for your reply. Does this rule also apply for my children's weekend stays with my husband? My daughter never wants to sleep over at his house. She emails me late at night feeling homesick and often in tears. I am quite prepared for her to continue to see her father, but feel the overnight sleeping arrangement is causing her too much distress. My ex always goes to bed before the children, leaving them to decide what time to go to bed. I feel this is irresponsible. This adds to my daughter's fears about having to leave the country with out me.