[Solved] can my wife just take the kids and leave

Hi roddyn,

It seems that she can.

If she has parental responsability she can but I guess if you have parental responsability so could you.

I base this on a conversation on Friday with my solicitor but others on the forum may know better.

Regards,

Dave

I've read both your posts & while it all seems very difficult for you, what are you wanting as an alternative? You can't stay together in the same house, so a move is in order. Are you hoping to get full custody, so you can keep doing the domestic things? In which case, you have to either give up your business or hire in staff to do the job your doing, or put them in childcare - which is what your wife would be doing anyway. The thing with your son's special needs is tricky, I know I have a child with them myself.....but she could argue that she would ensure he gets the right help where she moves to too.....
It sounds to me like you want the split, but to stay in the same size house, in the same area with you running a business & being a full time dad - you must see that that just isn't possible. However I can see that in your eyes her plan is disasterous too.
Have you considered trying to come up with a middle ground that means both of you compromise?

Hi James

I put the kids out every morning, then i start work at 9am, i finish at 3pm and then get the kids from school and spend the evening with them at the moment

I have three staff and i am about to hire another two. I can miss work for a day or two and it will all go fine if some problem arises. My Mum and Dad are also only 20/30 mins away in the event of back-up help

I dont work evenings at all.

I am very lucky that i can strike that work life balance. I can manage this situation because i have been doing it for months now anyway.

I am here for my kids full time, with back-up

My wifes plan will see them transported to a strange town, new school, new friends, a smaller house, less parental contact due to her work / life balance, a substantial drop in their quality of life and their schooling.

They will be with child minders and after school clubs to allow her to work, and the eldest boy does not handle change or strangers well at all. It's taken three years for him to hug his Grandparents

Added to that anyone who has kids with special needs knows that in moving to a new area the process of assessment has to start all over again and will take another 18-24 months

I am prepared to compromise in anyway i can, but my wife just wont move her position one iota.

I am willing to move to a new area, set-up there and look after the kids, but she will not accept the kids not living in the house, school and town she has chosen.

We have both agreed that the kids come first, but i am at a loss. There is no movement or wriggle room from the other side

go for a residence order quickly and then let your wife take you to court to argue why she should have them not you