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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 3668
Experience:  Barrister at law
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My girlfriend wants to leave her husband and set up home

Customer Question

Hi. My girlfriend wants to leave her husband and set up home with me. She wants to take her two lads too. Can he stop her?
Assistant: Where is this? It matters because laws vary by location.
Customer: Leicester uk
Assistant: What steps have been taken so far?
Customer: None
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Law
Expert:  plclegal replied 3 months ago.

Hello, my name is*****'m a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

How old are the children please?

Customer: replied 3 months ago.
2 children. Aged 3 and 7
Expert:  plclegal replied 3 months ago.

Thank you. Assuming there is no court order in place, which there wont be if they are still married I assume, then there is nothing legally to prevent her form leaving and bringing the children with her.

I would expect that the father will want to have contact with the children and he may apply to court for this is she will not agree it - unless there are issues of domestic abuse for example she would be expected to agree contact in my view.

So as long as she is aware that she will not be able to erase the father from the children's lives, there is no reason why she can't leave him and come to live with you.

I hope this assists?

Customer: replied 3 months ago.
She is very scared he may hound her after she leaves with the kids. She is confused if she leave the kids at home and go back for them at a later date or take them with her?
Expert:  plclegal replied 3 months ago.

OK. If she leaves the kids she may have to go through a legal battle to get them back.

Ultimately it is her decision I'm afraid.

Customer: replied 3 months ago.
you're best advice is to leave with the kids?
Expert:  plclegal replied 3 months ago.

My view is that if she does not bring the kids with her, there may be a legal battle before she gets to see them again.

Ultimately IF the kids will be more protected from harm in the short term if she leaves them, and she is prepared to go to court if necessary to get them, them she could take this approach - I would suggest she focuses on what is the least disruptive/ upsetting for the kids.

Expert:  plclegal replied 3 months ago.

Hello - did you receive my reply?

Can I assist you further with your question?

Kind regards,

Peter

Expert:  plclegal replied 3 months ago.

Hello.

This is just a quick message to ask if you have time to provide a rating for me, as this is what will credit me for my time responding to your question.

Obviously a positive (4* or 5*) rating would reflect best on my efforts to resolve your question for you!

Thanks in advance.

Peter

Expert:  plclegal replied 2 months ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 2 months ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter