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My partner of 7 years walked out on me and our 2 daughters aged 3 and 4 yesterday, I dont know where she has gone and i have no way of contacting her. I dont know where i stand with regards custody of the children. Can she just turn back up and take the children away from me?
Hi mate - I'm so sorry that your partner walked out on you and the girls. How arr you feeling today, how are the girls doing. They must be really sad but you will be able to support them through it. They will be really clinging so make sure you can give them alot of extra time and stabilty esp at bedtime, keep to the routine as much as possible. Are they friends or grandparents who can give you a hand with things like cooking so you can consentrate more on the girls? what about work will your boss give you some compassionalte leave?
re can she turn back up and take the kids, call the childrens legal centre for advice. The Children's Legal Centre Free Legal Advice on 0845 120 2948. its all about parental responcibilty - so are you on the birth certificate? if so you have parental responcibilty so coz she walked out you should be ok, but the CLC will tell you how things work - call them.
Hope you're doing ok mate. Let us know how things work out and what the CLC say..
thinking of you bro
It is important to determine whether or not you have parental responsibility. As both of your children were born after 2003 you will automatically have gained parental responsibility if you are on the children’s birth certificate.
When a decision has to be taken about a child, all those with parental responsibility for the child are allowed to have a say in that decision. Day to day decisions should be taken by the resident parent or the person with whom the child lives without interference from other parental responsibility holders.
In practical terms parental responsibility means the power to make important decisions in relation to a child - for example, whether a child should receive medical treatment, what religion the child should follow and which school they should attend. It also means that a person or people with parental responsibility can decide where a child should live.
If you do have parental responsibility, then you are both are in a position to decide where the children are to reside. Therefore it is up to you and your partner to come to an agreement as to with whom the children should reside. As both of you have the right to make this decision and there is no residence order in place your partner could keep the children with her following contact time. Equally, you could also keep the children with you following contact time. However this approach is not generally considered to be in the best interests of the children.
If you cannot agree on where the children shall live there are three options:
First: you can consider family mediation to help them reach agreement. Family mediation advice and services can be sought by contacting National Family Mediation on 01392 271610.
Second: you can ask solicitors to help make an agreement.
Third: you can apply to court for a residence order.
Applying to the court for a residence order should be considered a last resort. For information on how to apply to the court or further advice on any child law issue please contact the Child Law Advice Line on 08088 020 008 or alternatively you can visit our website www.childrenslegalcentre.com .
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