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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My brother has been receiving threats from his wife that she

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Hello, My brother has been receiving threats from his wife that she will leave the family home with his 2 young children (aged 3 and 9) if he doesn't do as she asks, when she asks. He does not have any evidence of any of her unreasonable requests but he has found out that she was secretly texting and talking to someone abroad who promised to take her and the children in if she left her marriage. When confronted, she admitted her "mistake" and said it was because she was depressed and lonely. He forgave her but now she keeps threatening to leave if she doesn't get what she wants even though she has no family to take her in, doesn't know where she would go and what she would do. Does she have a right to leave with the children in these circumstances? What can we reasonably do to stop her at least taking 2 young children into an unknown situation where they will be vulnerable to all kinds of threats? Please advise. Thank you

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear what is happening.

It is the position of the courts that children are entitled to a really good relationship with both of their parents as long as there are no child protection concerns. A court would be concerned of the children were removed from their home without a home to go too or if the mother attempted to take the children out of the jurisdiction without the permission of the father.

If the father considers that the mother is actively making plans to remove the children out to effectively become homeless or to a different jurisdiction then the father can make an urgent application to his local family court for a Prohibited Steps Order to prevent the mother from taking such action.

If the mother did remove the children from the home and they were effectively homeless or out of the jurisdiction then the father could apply urgently to the family court for an order for the children to be returned.

In both situations the court will likely make the order int he first instance whilst the circumstances in relation to the mother are investigated. If the mother obtains suitable accommodation and there are no other concerns of a child protection nature then the court would want to promote the relationship between the children and both parents. If the mother had attempted to or actually removed the children from the jurisdiction then she could be charged with child abduction and if found guilty sent to prison.

Normally all children matters need to be referred to mediation before an application can be made to court. There are independent and try to reach resolution between the parties without the need for court. However, in urgent cases where there are plans to remove the children and make them homeless or to a different jurisdiction then urgent applications can be made to court and dealt with very quickly in relation to listing the matter for an urgent hearing by the court.

The father would apply to court on Form C100 in relation to any children matter. The court fee is £215. In an urgent case he can take the completed form straight to his local court and ask to be heard by a Judge asap.

It is wise to also take preventative measures such as securing the children's passports.

kind regards

Caroline

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Customer: replied 7 months ago.
Thank you for the very helpful answer but I need to clarify a little further if I may please?
My sister-in-law has got into a habit of shouting her arguments at any and every time of day & night regardless of the effect on everyone else in the home. My mother has now developed stress related headaches and a constant fear and trepidation of talking to my brother when she is present as she accuses Mum of colluding with my brother.She openly verbally abuses my brother and constantly harasses him with unreasonable demands. Of note, if anyone tries to remove the young children from the room, even when the my 3 year old neice repeatedly ccries "Mummy don't shout" and my 9 year old nephew cries with distress as she tells him that his father is useless, she tells us "they are MY children, you don't have a right to remove them from here, let them hear how useless their father is!"; she leaves dirty nappies lying around the house where my Mum, having recently retired has to pick them up; today she walked out of the supermarket with the 3 year old when she didn't like what my brother said to her about holiday plans abandoning him without the car, she then returned to the supermarket and came into the building leaving the car running outside, empty, where anyone could have jumped in and driven off and insurance would undoubtedly not have covered the loss of the car (jointly owned by me I should add!); she tells my brother in front of my Mum that he is worth less than his brothers and that he should eat our s**t etc etc.What can my brother do to defend his position come the time, God forbid, that she decides to walk out? Should he be keeping a diary? Will his word count if all he has is a date, time, short account & names of witnesses, especially if the witnesses are my brother's family members? She provokes him to the point where he has to leave the room or house but she has now started to threaten that if he leaves the room she will scream and shout even more and make the situation worse!I honestly think she is depressed and despite her innate childishness and unreasonable behaviour he is just about managing to keep his cool. What can he do to ensure that she doesn't leave and deny her own behaviours in a ruse to keep the children and take him for half of whatever he has? It is not easy to record their encounters because they can flare up at any time of night and day! What can he do & what can we also do to help keep record of what we hear & see please?Thank you again.

Hello

I am sorry to hear how she is acting.

What you need to know is that behaviour is not factor that the court gives much consideration too when it comes to dealing withe the matrimonial finances.

In relation to the children what you need to know is that it is the position of the courts that children are entitled to a really good relationship with both of their parents and that this should prevail as long as there are no child protection concerns as to why this should not happen. Basically if your brother was denied a relationship with his children then he could apply to his local family court for a child arrangements order so that a court can set out the time that the children spend with both parents. The court would also be able to investigate any concerns that your brother has about the mother and the court can decide if this would impact on her ability to provide car for the children so it is worth noting any incidents whereby she is abusive to anyone else in front of the children.

kindest regards

Caroline

Positive feedback is gratefully received