How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 36775
Experience:  Over twenty-five years experience
Type Your Family Law Question Here...
Thomas Judge is online now

We are the middle of divorce proceedings with nothing

This answer was rated:

Hi, we are the middle of divorce proceedings with nothing concluded as yet. Because the process is slow and taking time my wife is threatening to move out and take our children with her. Can she do that?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes, she insisted I petitioned her even though I don’t want to get divorced. She wrote out the unreasonable behaviour statements herself! I have received the application for decree nisi but have not yet returned those.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Kingston upon Thames, Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Let me see if I can help and please rate 5 stars. Yes she is allowed to move out of the property if she wants to do so. She can also in theory take the children. If you are of the view that you would be better placed to look after the children then you can apply to the court on a form C100 for the children to live with you. Happy to discuss and please rate 5 stars

Thomas Judge and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
She has not moved out yet, but is threatening to do in the hope that I expedite the divorce without further delay. We are currently co-habiting in our family home, children have their own rooms, etc. I am the only one working, my wife having been redundant around a year ago. She has no funds with which to secure alternate accommodation so would have to move in with a cousin where I guess she would have to share a room with our 2 children. On what grounds could I claim the kids are better off with me? She is not a bad mother and I would never make any accusation of such. Just seems like something she is willing to do without considering the welfare of the children first

From the court's perspective the key is the welfare of the children. I have attached a link to a great book which explains the process -