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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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My partner is recently divorced, the divorce was finalised

Customer Question

My partner is recently divorced, the divorce was finalised in November 2013, after being separated from his ex-wife for 9 years. Until June last year, my partner saw his children, 2 boys aged 8 and 9, (the second child was conceived after he left the marriage, in a failed attempt at reconciliation), we saw his children as often as possible. I should add my partner is a long distance lorry driver, so it was a little difficult to see them as regularly as we would have liked.
However, since July last year, the older child's birthday, my partner has not seen his children. This is partly because, in December last year, his ex-wife moved and has refused to contact him with details of her new address, claiming that she is frightened of him and he is violent. It has to be said that the only evidence of violence throughout their marriage is of that perpetrated by her to him. We have genuine concerns over the welfare of the children, but, at the moment, we don't know how to proceed. Can his ex-wife simply take his children away and make these preposterous claims?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
What has been done to try and trace her?
Customer: replied 3 years ago.

Nothing as yet, as my partner and I live in Hebburn Newcastle and she, we presume, is still living in the Huddersfield area. We are unsure whether or not she has moved the children from their schools either. I'm still curious to know if, legally, she can actually do this.

Expert:  Clare replied 3 years ago.
Your partner has Parental Responsibility for the children and the right to be consulted about all major issue sin the children's lives - such as where they go to school
In addition the children are entitled to regular contact with both parents - and the courts will enforce this if necessary
Accordingly if your partner makes a court application for contact - and for details of the schools he is likely to be successful
I hope that this is of assistance - please ask if you need further details