Help, My kids want to live with me, can they?

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    • #20084
      Matt G

      Hi, I am desperate for any advice please. My wife walked out 2 weeks ago with the my 2 young boys (8 & 6) and I have had them Tues+Weds since plus this weekend. I spent most of last night comforting them because they don’t want to live with their mum and I am not just talking about a tantrum, My eldest said he will get up in the middle of the night and run away if he goes back :(

      I have been a home husband for the last 3 years and done everything with my boys, from breakfast to after school sports clubs, bathing , bedtime reading, homework just about everything. They are currently living on the floor with their mums friend and they dont want to go back.

      I couldnt take the upset and said they could live with me, my ex wife works in the city and is only planning to put them in breakfast club and after school club anyway (apart from Tues+Weds when I will pick them up) . What can I do, how could i just ignore their tears, they really dont want to go back to live with their mum. Am I allowed to let them live with me?

      any help please is so much appreciated , thanks

    • #20092

      You need the help of a solicitor or at very least Citizens Advice.

      Having been through a divorce, I’ll tell you how I remember it!

      There is no such thing as custody today, they replaced it with Parental Responsibility, with the possibility of a residency order (if needed).

      Parental Responsibility (IMHO) was put in place as the courts were fed up with dealing with custody battles, and want the parents to sort things out amicably.

      If you can’t, a pair of solicitors, or God forbid a court, (from both your input and compromise) will decide whom the children should reside with (it may be 50/50). Of course, again imho they usually choose the Mother has more residency time, unless it’s obvious you have been the main carer.

      I’m not a solicitor and suggest you seek one asap.

    • #20110

      As Dominic has said get to citizens advice. If you can speak to you ex as see if any compromise can be made. The kids need to always come first and if she can’t provide a place they are happy and safe in maybe she will need to concede some of the overnights until she can.
      Good luck mate

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