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jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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My wife has left the marital home and taken the kids from their

Customer Question

My wife has left the marital home and taken the kids from their school under false pretences, can she continue to keep them off school or can she change threi school with out my consent or knowing . I do not know their whereabouts and a disclosure is currently being served.
Submitted: 7 years ago.
Category: UK Family Law
Expert:  jusleen replied 7 years ago.
Hi if your wife decided she did not want to return home and remain where she is, once the children are found would you be seeking they return to reside with you? How old are your children? Any idea why she decided to leave?
Customer: replied 7 years ago.
She wrote to me via her solicitor on May 4th saying she wished to divorce me for unreasonable behaviour , in that same letter the solicitor stated that she would be leaving the marital home but most importantly , arrangements will need to be considered in respect of Taylor and Mitchell and our client proposes that once she has moved into Myrtle Avenue then consideration is given to arrangements for Taylor and Mitchell so that a new routine can be commenced at the earliest opportunity. I wrote back stating that my children were aged 10 and the other is 12 in August and my understanding was we should listen to the children to avoid any unnecesary psychological stress to the children, i also stated that my understanding was that Taylor at 12 can choose where he wishes to reside, i also pointed out that the kids wished to reside with myself, i very reasonably offered my wife half of all weekends and hollidays , also a 50/50 split on financials, my wife lead me to believe she was considering the offer in a further letter dated 19th May, my wife left the day before my sons 10th birthday on the 27th May, she knew the kids had made arrangements for Mitchell`s birthday for all their friends to go to the cinema and to sleep over in a tent outside, she also knows that Taylor has been practising for 9 months for his grade 5 gcse rockschool exam and that is expected in the next 4 to 5 weeks, she also knows that Mitchell is awaiting an appointment to see the paedeatrician about his intolerance to e-numbers and that if he does not attend the doctor has stated he will not be given another because of the demand for appointments, also Taylor has guitar lessons twice a week , on Friday 4th June he has a limousine booked to take him to the end of season football presentation, i am delivering a letter to her solicitor today asking that he ask my sons their viws on this and whether they want to attend and to let me know, i feel all this is very undermining for me as a .On Friday 28th i lodged for disclosure and for an interim residency order, will my wife`s actions count against her?
Expert:  jusleen replied 7 years ago.
Hi when us the hearing and have you received any proposals from your wife when you are to see the children? Has she been served with notice of the hearing?
Customer: replied 7 years ago.
The judge issued the disclosure on Friday 28th, he gave my wife`s solicitor 48 hours to disclose whereabouts to the court so that a notice of hearing can be served , however, in the meantime there are very important aspects of the childrens life which are going to suffer, those that i have already mentioned and also Taylor has just finished sitting his gcse spanish exams but he practises Spanish, French and guitar ever day and all his resources for doing that are at his normal home address.So i don`t know when i will see them , also , i believe that my wife has a pre-op on the 3rd June, which begs the question who will be looking after my sons . I have been a mom to my children and all their friends and their parents are willing to give statements in court for me , i have always helped them with all thei homework , i am the one who takes them to school kisses them at the gates and picks them back up again and iam the one who takes them and their friends out on days out and to the parks and i arrang with all the parents for the kids to have their friends round or them to go round their friends and all the parents say i have been like a mum to them. My wife has been very nasty to them and it is not difficult to see why they want to be with me . I can`t phone Taylor because they have taken his phone off him i believe. I have no way of contacting my wife . I believe they are going to try to butter the kids up to change their minds on whom they wish to reside with which is why it is immportant for me to get access to them as early as possible so that it can be established what has been taking place.
Expert:  jusleen replied 7 years ago.
Hi as it is not known what mum will be alleging, it is likely that at the next hewing the court would direct a report from cafcass (for information on their role go to There is no reason why contact between you and the children cannot be established at the hearing. You have corresponded with her solicitor and no allegations have been forthcoming. As the next hearing is likely to be listed for directions only the court would order cafcass to prepare wishes and feelings report on the children. The court would take a dim view of mothers actions and the court would want the childrens routine to be settled and the judge may even indicate a shared residence order until cafcass report is received. If however mum won't agree, the judge won't force her and will list the matter for a contested hearing when both parties will have to file evidence and be heard upon the same and a judge will make a decision on interim residence.

I hope this assists. Please click the accept button.

Kind regards

jusleen and 2 other UK Family Law Specialists are ready to help you
Customer: replied 7 years ago.

The kids have stated that they wish to reside with myself, my wife has taken them away from school under false pretences, if contact is established at the next hearing and my children want to come with me , are they able to do so? I obtained a disclosure on Friday 28th and served it on my wife`s solicitors this morning, however, they are saying that they don`t know my wife`s whereabouts, also, i have served it on the police station who i believe know where she is (On Thursday 27th i spoke with a civil officer behind the counter at the police station, he said it was a civil matter and would not say anything else, in the meantime, i sent a text to my son saying where are you, are they holding you against your will , contact the police, after sending my son this text, i returned to the police station at approx 10 p.m., the same civil officer was there and this time he said he knew where they were but could`nt say anything under the data protection act.I am concerned that my wife may have made up some sort of allegation , if so, can this be used to stall the process? And shouldn`t someone have spoke to me by now?

Customer: replied 7 years ago.
I DON` KNOW what other info you`d like, so please let me know. However, if my wife`s solicitor is saying that she doesn`t know my wife`s whereabouts should the solicitor disclose a communicating or postal address that she does have for my wife to the courts, if the answer is yes, then what happens if the solicitor doesn`t.
Customer: replied 7 years ago.

I served my wifes solicitor with a disclosure order to reveal my kids whereabouts, however, the solicitor said she did not know my wifes whereabouts,i know for a fact that the solicitor does have a postal address other than of our matrimonial home that my wife has just left , if she does have an address that she sends communications for my wife to , should this be disclosed to the courts. If the answer is yes and the solicitor does not disclose it what are the implications of their actions.

Customer: replied 7 years ago.
Expert:  jusleen replied 7 years ago.
Hi your wife's solicitor will need to disclose the information they have with the court. The court can also disclose other organisations to disclose the address to the court even if this information is not released to you if for example your wife alleges violence etc. Unfortunately within the court process any allegations would need to be proved. It is a long process and if your wife is going to be a very long process. Ultimately the court will ensure that the children are placed with the parent who is able to provide for the children's emotional, physical and educational needs. The children as part of the process will be spoken to be cafcass and thereafter recommendations are made. Depending on when your wife is actually served (depending on when she is physically located) the court will make directions to progress the case. A cafcass report being completed can take up to 4 months depending on what part of the country you live in. In the interim the court have to consider where the children live and if this is not agreed the court would have to decide after an interim contest when evidence is heard by both parties, and contact with the non resident parent.

I hope this assists.

Kind regards