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SS Legal Advisor
SS Legal Advisor, Lawyer
Category: Family Law
Satisfied Customers: 1053
Experience:  Senior Caseworker at DL Solicitors
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I found out today my ex husband took our two children to his

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I found out today my ex husband took our two children to his sisters, picnic, in and out the house, toddler, water slide, 8 people, no social distancing. Is there anything I can do to ask him not to do this as it’s not sticking to the guidelines and our daughter has asthma.
Hi there,Yes most definitely. You will need to make him aware that parents must abide by the ‘Rules on Staying at Home and Away from Others’ issued by the government on 23 March, otherwise known as ‘the Stay at Home Rules’.He will be in continuous breach if he does not abide by this and ultimately is putting the children at risk. I would inform him he is breaking the law before considering asking a Solicitor to write to him.I hope this helps and please do rate my answer. If I can assist with anything else, please do let me know.Kind regards,
Customer: replied 1 year ago.
Thank you. I am furious as he has already told me our son has to go back to school because he feels there is no risk, I’ve asked to wait a few weeks and see what happens as I’m really worried it’s too soon, we share parental responsibility and he says I can’t make that decision and he has to go back on Monday. How can we decide that? Although as he’s now blatantly disregarded the government rules he has been quoting me all week I don’t think he can use that argument anymore.
Hi there,This is certainly a breach of the agreement and remember, parental responsibility is a joint decision (he cannot make decisions on his own accord).I would threaten to report him to the family court should he continue to be in breach and also inform him that you will be left no choice should his behaviour continue. Please also bare in mind, with the current pandemic it is a sensitive time and he can pretty much lose everything should the children be at any risk.I would also inform the solicitor who dealt with your child arrangement to obtain his/her advice and whether a letter is appropriate to both him and the school.Please continue to stand firm and I wish you the best of luck. Please do leave positive feedback and let me know if I can assist with anything else.Kind regards,
Customer: replied 1 year ago.
Thank you. It’s such a mess.
No problem, always happy to help. I hope the situation gets better for you.Please do keep in touch and let me know if I can assist with anything else.Kind regards,
Customer: replied 1 year ago.
Thank you. I am also very concerned he will return to London to stay for a few nights with the girlfriend and son who are now technically no longer the same household as he has been here with our children for a week whilst they’re back in London since he took them back last Saturday. I have asked him twice but he’s not replied. What can I do about that also? We have an online mediation meeting on Tuesday but the children are due to go back to him on Wednesday, if I bring it up at the mediation there is little time to do anything and will be too late as if he’s been to London the damage is done. Plus I will never know if he says he hasn’t been if he’s telling the truth or not.

Hi there,

Apologies for the delay in coming back to you.

You will need to consult your solicitor and to apply for an emergency protection order / emergency residence order. It is clear and evident that the children are at home so this will be the best course of action.

Please liaise with them today and I wish you the best of luck. When you get a moment, please also accept my answer in order for the thread to continue.

Do keep in touch and let me know how you get on.

Kind regards,

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