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Disregarding PR
- Thread starter PowerDad
- Start date
Are you absolutely sure they are no longer returning to the old school? Ie have you had confirmation of this? If so you could maybe email her and say unfortunately you will not be able to return them a day early due to plans and commitments and say you understand the children are also moving schools and can she confirm the location of the new school please.
Don’t feel pressured by the email this morning. For all she knows you could be busy and not have seen it yet.
The concern is if she is not actually doing anything and then you would look bad not complying with the order and keeping them. If it’s within your court ordered time you could keep them.
The concern is if she is not actually doing anything and then you would look bad not complying with the order and keeping them. If it’s within your court ordered time you could keep them.
This is only my opinion of what I would do please make your own choice.
I would immediately email your solicitor and ask them to confirm in writing what they advised you on the phone. I would then advise your ex that you will applying for an urgent PSO hearing on Monday and due to this you will not be returning the girls.
The facts are you have no address, you don't know what school they are being moved to and that your girls have passports. It's not out of the realms of possibilities that your ex is intending to leave the country. Also given she wants you to return them 1 day early is a red flag, I cannot see a valid reason for this.
The police will become involved, if you calmly explain the situation I would hope they leave it as a civil issue and leave the girls with you. If they do take them I would insist they make a file and flag it with UK border control that you do not give permission for your children to leave the UK.
Does your ex have contact with the children- eg do they have phones? If so and you keep them longer than the extra day the court could see it that you’ve caused harm to the children if they were expecting to return to their Mother. So I think you would need to be absolutely sure that they are leaving their current school. Have you had confirmation of this?
It’s not an easy situation.
It’s not an easy situation.
I didn't see this before my previous reply but unfortunately I suspect she is intending to take them out if the country.
Right ok so you do know they are moving school.
I have them in my care in the last 2 weeks, school starts Wednesday
She emailed me after I asked how they finished school and what day are starting etc, even that I knew. And she replied saying that she applied to move them closer to home, but I email council in the catchment area and there's no application for that council
Ok so maybe be direct with your ex then and email saying you need written confirmation of where the children’s new school will be, the council have stated there are no applications for schools within the same region and you have, as a result, submitted an application for an urgent prohibited steps order to prevent the children being moved away and will not be returning them until you have written proof that the new school is in the same region.
Then as hobnob says, email the solicitor to confirm the phone call.
Then as hobnob says, email the solicitor to confirm the phone call.
If you do take my advice mention on your PSO application that you believe mother is a flight risk due to new partner having ties in Italy. The courts take this incredibly seriously, I went to the end of the world to prove I wasn't a flight risk. Judges will always err on the side of caution with this.
If the police do come then you will need to be able to show then the court order (proof of PR) and the PSO application and the emails.
You would also need to explain this to your kids in a child friendly way and say they will be staying a bit longer and you’re discussing with Mummy.
You would also need to explain this to your kids in a child friendly way and say they will be staying a bit longer and you’re discussing with Mummy.
In fact I would do something else. Contact your local police force none emergency number and explain your situation to them. Ask them to log the full details of your conversation. When she does call the police this may we'll be enough for them to leave it as a civil matter. They will certainly do a welfare check so be calm and factual with them.
and leave it civil matter