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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33992
Experience:  Over twenty-five years experience
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My wife is threatening to leave with my kids and move to her

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My wife is threatening to leave with my kids and move to her mums. Can she just take them without my consent? Also as we live in a council house, she is threatening to call the council and remove her name so I lose the house

Firstly she can leave the house with the children if she so decides. She has no greater call to the children then you and as such you could make an application to the court for a child arrangement order so that the children live with you. You should advise the council that you still want to live in the property, although if it is a joint property she can revoke the tenancy.

Customer: replied 5 months ago.
Do I need to go to mediation though before obtaining a court order? If we agreed joint custody and the kids still needed a bedroom each when with me, could I keep the house?

You should go to mediation unless you both agree not to do so. Then you can apply for a child arrangement order. I would advise the housing association that you need the property for the children to live/stay with you.

Customer: replied 5 months ago.
in short, she can just leave with my kids and I can’t do anything about it? Can I go and get them and bring them back home? This is their house all their belongings are here. Surely unless I agree, she can’t just take them?

You can make an urgent application for a child arrangement order yourself should you want the children to live with you. I imagine if you go to take the children the likelihood is that she will contact the police and make things difficult.

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Customer: replied 5 months ago.
Ok, thank you for your time

my pleasure