Disregarding PR

[PowerDad]

Good morning,

Please help after I just find out about school address early july, wife changing school again and refuse to tell me where, also emailed council and there's no request for the same area and I don't know the children’s address either. I have them in my care now, and mother has request to return them 1 day yearly. So the fear is she will go with the kids, can i retain the children’s until we clarify?

I spoke with a solicitor to apply PSO

 

[Roblox]

Hi

Is there any court order in place?

 

[PowerDad]

Yes mother has live with , I should return girls tomorrow

 

[Roblox]

@Ash what do you think?

 

[PowerDad]

Solicitor also emailed her and she didn't replied, just ignored everything, I have PR along with her, only difference is live with her .

 

[Jumper85]

Is there a local service/social services you could perhaps call and also seek guidance before you possibly decide not to return them? It sounds like Parental Alienation to me but it's whether it's severe enough for you to feel returning them to their mother would impact the children. The key thing here is that your PR is acting in the best interests of the children, whilst she's doesn't seem to be sharing information with you about schooling, does this impact you or does it impact the children?

 

[PowerDad]

Is impacting children, and me as well they are not aware of the school move and in 12 months that will be the second school without me knowing or consulting. And in total 4 schools. Social services don't get involved, civil matter.

 

[Ash]

I wouldn’t keep them unless you have a solicitor on board who has advised that while putting an urgent same day application in - but it’s Saturday so that couldn’t happen until Monday.

 

[Hobnob]

I agree with Ash on this. Understandably you are worried the mother may disappear with your girls. However not returning them may cause you big problems. As Ash has said if you can get your solicitor to advise you to file for an urgent hearing and not return the girls you will then be acting on the advise of a professional, this will be absolutely taken into account by the judge. You are under no obligation to return them one day early so don't be bullied.

 

[Ash]

It makes a big difference if the order says the children live with her. But it does sound like she might be doing a moonlight flit before the start of term in September. My feeling is it is too risky to keep them unless you have backup as Jumper says. Some solicitors are open on Saturdays so see if you can get to speak to one and explain the situation. If the time is court ordered with dates then you don’t have to return one day early but if it was just agreed dates then she has just changed the agreement and if you do keep them she is likely to send the police and say you’ve abducted them. And the police can take them if she has a residency order. Technically they shouldn’t but they can tend to favour Mothers (who may tell them all sorts).

The other option is just return them and go into court on Monday morning and put an urgent PSO application in - wait for a same day hearing.

In fact that is probably the best option as school hasn’t started yet so you should be able to get them returned before school starts. It’s possible she may already have moved house though - so then you would have to argue that if she has moved the children should live with you and remain at their school and she would need to travel to see them. You can’t argue that yet because you don’t know she has moved but you can put an urgent PSO in on Monday morning and try and get it the same day.

The problem is you don’t have her address. I think you need legal advice quite urgently.

 

[Hobnob]

Is impacting children, and me as well they are not aware of the school move and in 12 months that will be the second school without me knowing or consulting. And in total 4 schools. Social services don't get involved, civil matter.

Please keep it about the children, sadly the family law system isn't bothered about how you feel. I completely agree that to move your girls so often is having a huge impact on them, my parents did this with me, I think I moved school around 6 times before the age of 11, it's impossible to make lasting friendships due to this.

 

[PowerDad]

Solicitor put the application Friday evening, advised to keep the girls, based on PR and council confirming no school request in that area ... but with the caution that could be seen not good by court ... but she didn't confirmed to me after if she sent over the email or not to my ex so I'm left with big question marks

 

[Hobnob]

It's a tricky situation. Do you have the advise from your solicitor in writing? In my opinion your ex is intending to take your girls and leave with them. This, I think, is why she wants them one day earlier. Do your girls have passports?

 

[Ash]

Ok. Thats good. It’s a shame she didn’t do a same day application - but you could try that on Monday.

Does your order have defined dates for the holidays? I think not returning them a day early would not be seen as withholding them - but you would have to email her to say sorry already had plans that day.

 

[PowerDad]

It's a tricky situation. Do you have the advise from your solicitor in writing? In my opinion your ex is intending to take your girls and leave with them. This, I think, is why she wants them one day earlier. Do your girls have passports?

No it was over the phone. Yes I believe the same she will go. Passports with mother

 

[Ash]

When were you due to return them ? Tomorrow?

 

[PowerDad]

Ok. Thats good. It’s a shame she didn’t do a same day application - but you could try that on Monday.

Does your order have defined dates for the holidays? I think not returning them a day early would not be seen as withholding them - but you would have to email her to say sorry already had plans that day.

Initially I confirmed that I will, but after this started and she already emailed me again to ask to bring them

 

[Ash]

Do you have any reason to believe she could leave the country or is that unlikely?

 

[PowerDad]

When were you due to return them ? Tomorrow?

Yes

 

[Ash]

Initially I confirmed that I will, but after this started and she already emailed me again to ask to bring them

Today?