I have a question involving my kids, I have been the primary…

This is a terrible situation as this father is completely forgetting about the best interests of the children.

Your best next step would be to consult with a family lawyer face to face with a view to retaining the lawyer to send him a letter demanding that he return the children. Once and threatening a lawsuit.

It is not likely that you would be charged if you took your children back but it is possible that the police will become involved and remove the children from your care and bring them back to your spouse. Or, at least this would happen with respect to your 10-year-old son. This would further traumatize them of course.

If he does not agree that your son can be returned to you than your next step would be to seek a court order on an urgent basis.

Does that help as a starting point?

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He habitually resides with his father. Legally that means you need the father's permission or a court order to move him.

I cannot predict what the father or the police will do.

It is possible that the father could bring an emergency motion to the court for interim sole custody and then the police will bring your son back to him.

Is there anything more I can help you with at this point in time?