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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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, My wife want to divorce with me because she found another

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My wife want to divorce with me because she found another man. We have 2 children (2 and 4 years old). She asked me to move out. I want to know what rights I have like a father. Can I take children with me ? I know that if I don`t do this she will asked her father to look after the children. He is an alcoholic. There was a time when he looked after the children when we were at work but when we realized how situation looks like I qiut my job. My wife earned more than me thats why we made this decision.
I want to know what to do ? What will be if I would take a childrem with me to my parents house. Can she call for the police or something ?
Hi thank you for your question I will assist you with this.
So you are the primary carer for your children whilst your wife works?
Does she work full time?
Do you work?
How long have you been the primary carer?
Do you own your home jointly or is it rented accommodation?
When did this happen and has there been any discussions regarding the children and the future?
Customer: replied 3 years ago.


Yes I am primary carer when my wife works. I`m not working now but in this situation I must find new job. I have been primary carer since 4 months before that time I was working and by wife look after the children. Our home is from council housing, agreement is for bouth of us.

She told me yestarday that she doesn`t love any more, I need to get out and she will stay with our children.

Customer: replied 3 years ago.

Sorry, but I can`t see any rating area under your respond.

Hi thanks for the additional information, there will not be any rating yet as I only asked for further information. Once i have provided you with a final answer you can then rate the same.
I appreciate this is a difficult situation, but it is relatively recent. As the primary carer for the children at the moment, you could suggest to her that she move out and you will remain with the children. Have you suggested this?
What would your preference be?
Customer: replied 3 years ago.

I suggested this but she told me that this is not an option because she doesn`t have place to go and also she never leave the children.
She wants me to disappear from her life. I can`t stay at my home but

I can take children and stay in my parents house for a while.

She told me that we are not together any more and she can do what she wants. She thinks that I will be a babysitter wherewer she asked me for excample in Saturday she will get out with someone and she wants me to stay with children. I need to do something. Can I move out and take a children with me without her permission ?

This is not our first crisis. One year ago there was the same situation. She asked me to moved out but after few weeks we decided to try again. But it was different situation. Now she have new relationship and she told me that she made decision and this is finish with us.

My wife is trited for depresion since 2 years. She told me that everything because she doesn`t love me and need to stay with me because of children. Like she said now she is stronger and can make something with her life.

I`m good father, children loves me and I love them and me wife too but now I`m pretty sure that this is end of our marriage.

I know one thing that I have to do everything to our children the least affected because of this.

Hi Lukasz
Sorry for the delay in replying, I have been offline.
As the property is rented in joint names, you do not have to leave the family home if you do not wish to, especially in the event you are concerned for your children to whom you look after whilst your wife is at work.
I appreciate that you staying may cause difficulties with your wife and perhaps create an atmosphere in the home, which no doubt the children will pick up on, but legally you do not have to leave.
If your wife wishes to end the relationship, then you both need to sit down and decide upon the best course of action. It is not simply a case that she cannot afford to leave the house and therefore you should, but always being available to look after the children.
However, you should not remove the children from the family home without her agreement as this can cause further problems.
It is best if you and your wife can come to a friendly arrangement about the care of your children. This arrangement should include who your children will normally live with and how they will stay in touch with the other parent.
If you and your wife find it difficult to agree between yourselves, you can ask for help from a local family mediation service. Mediators are people who are trained to listen to both sides, and to help you and your wife agree on what will be best for yourselves and the children. To use this service, both parties have to be willing to go along voluntarily. Also any decisions you make there will not be legally binding.
If you and your partner can't reach agreement by yourselves, you can ask the courts to make the decision for you. However, the court will expect you to arrange a meeting with a family mediator first, before they will consider your application.
Here is a website for the National Family Mediation -
I hope this helps. Good luck and if you have any further questions, please ask.
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