Family Law
Ask a Family Law Question, Get an Answer ASAP!
Thanks for your patience and enquiry. Legally, you may give him notice for him to leave solely. If you were to do this it does not presuppose that he has to take the children. By law the children are allowed to continue to live with mother.
If the children continue to live with mother, he may apply for the right to visit with them or have access to them. It is likely unless there is some risk posed by this to the children that the court would allow him visitation rights to the children.
The first step in the process therefore would be to give him notice to leave. Thereafter mother and father would be encouraged to settle the issue of contact with the children amicably via mediation. If mediation is unsuccessful then they would have to go to court to apply for this.
Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
If the children lives with you and not the mother then father could legally apply to have parental responsibility. He would unfortunately be in line to take on the role. You would have to be able to challenge this to say why neither he nor mother is capable to take care of the children. Unfortunately this may not be the news you were ideally looking for, I however have to tell you the law as I understand it to be. Unfortunately if dad is capable of looking after the children, it is likely that the court would turn over the children to him. The fact of him being m manipulative is not a basis to challenge dad being awarded parental responsibility.