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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
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 wife has moved out without any notice to me and removed

Customer Question

My wife has moved out without any notice to me and removed my children from the marital home. The property is a council house solely in my name. She had a son before I met her who is now 10. Although since to age of 1yrs old I have raised him as my own I have never legally adopted him However we do have a daughter age 7. Do I have a legal right to keep her with me in the marital home where she has been raised. I have always done all the school runs and looked after her as we decided I would basically be a house husband to look after the children while she worked.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.When did she leave and what excuse did she give (if any)
Customer: replied 2 years ago.
She left on Saturday the 30th Oct 2015. Her excuse was she didn't love me. She has not returned any of my messages/ phone calls and I had to track her down to her parents where she is currently living in a small cottage with them
Expert:  Clare replied 2 years ago.
Have you seen the children at all?
Customer: replied 2 years ago.
No Nothing. I have text her to explain last night the following
"I will be picking Ruby up from school on Monday as normal. Please don't have anyone else there to pick her up as this will not be good for Ruby and will only cause an uncomfortable scene"
Her response was this
"That's fine, I will pick her up on my way from work"
Expert:  Clare replied 2 years ago.
HiThe law says that a child has a right to a close relationship with both parents and the courts will enforce that if necessary.HOWEVER for the very same reasons you asked her not to create a conflict at school, simply retaining your daughter at home is not a sensible plan.Instead make it clear that you expect to share the care of BOTH children in a reasonable way - possible Friday to Monday on alternate weekends plus two night in the week and make arrangements to discuss this with her using Family mediation fails then you can make an immediate applictaion to the court for a Child Arrangement Order and your role as a stay at home Dad coupled with the fact that you have behaved in a way that has prioritised the needs of the child will make it likely you will get what you ask for!Please ask if you need further details
Customer: replied 2 years ago.
Ok Thank you Clare. I will now propose to my wife exactly that. I will explain that I will keep her from this Monday until Wednesday for this week. Following that I will propose I have Ruby every alternate weekend and say every Tuesday and Wednesday evening. If she does not agree to this I will then apply to the court's for this. Does this sound acceptable in your view?
Customer: replied 2 years ago.
Does the above sound acceptable to you Clare?
Expert:  Clare replied 2 years ago.
I am sorry but no - you can certainly suggest that you keep her until Wednesday and if she agrees well and good.If not the allow the child to go home on Monday night and make an appointment with a Family mediator as soon as possibleIt is compulsory to attend a Mediation Information and Assessment Meeting before starting court proceedings