[Solved] Wife threatening to take kids away

Hi ScotsDad,

Unfortunately she can do pretty much what she likes.

You could try sorting it out with mediation...it would give you the opportunity to put your point across and try and reason with her....the children are whats important here and its always better for them to have both parents in their lives. Heres a link ~

www.scottishmediation.org.uk

Relate might be another option for you to consider, they can offer counselling when families are facing break up....I think the issue is not punishing the children because of the fall out between the parents and Relate would help in addressing this. h
Heres a link to the Scottish arm of this organization ~

www.relationships-scotland.org.uk

Hi Scotsdad

Is there any particular reason why your wife would threaten that? Ie any family in that particular area?

NJ is right,the first port of call should be mediation to discuss the issues.

The last resort would be a Prohibited Steps Order which you could ask for at the Court, but as I said, that would depend on why she wants to go to another area in the UK.

...Unless the mother intends to take the child abroad to live, and even then they are usually allowed to do that, the courts would be loathe to make a parent stay in one place against their will... It would have to be an exceptionally good reason for the court to grant a PSO, in my opinion.

In my instance I was requested by the judge to sign an agreement that I would not take our children to Scotland without permission.

Bit of a green rub considering I am scottish and thats where my family reside.

Then when I did request permission it was made difficult and she would not provide an asnwer until the next time we went to court.

She did say yes in the end though. How very nice of her...........

I forget what it is called but it is basically an undertaking that I would not remove them from England or Wales.

Regards,

Dave

Thank you all for the advice, but why would she be able to take my kids away. Would the same work if I did this? I don't intend to by the way. I thought the law was equal now for both mums and dads so what difference is there between her wanting to take them away and me wanting to keep them here. She has family where she wants to go and I have mine here.

...Unless the mother intends to take the child abroad to live, and even then they are usually allowed to do that, the courts would be loathe to make a parent stay in one place against their will... It would have to be an exceptionally good reason for the court to grant a PSO, in my opinion.

I don't know the situation in Scotland, but isn't it the case that in England, legally speaking, Scotland is classed as another country? Something in the back of my mind from the past.

I would certainly recommend that you speak to the Scottish Child Law Centre - www.sclc.org.uk

Yes the Courts would consider a PSO, but as NJ says, they may not agree, they would look at ALL circumstances, i.e why i asked if she was moving to be with family and as ACTD says, Scotland/England is another country. Most of all it is what will be in the children's interests as to whether Resident Parent can move. It has been known to be stopped, but it is up to the Court, all you can do is put up a good case as to why it is in the children's bests interest to remain.

I would have thought that if she wants to relocate to be near her family then the court might well consider that to be a good enough reason for the move....I understand what you say about the closeness of the children to your side of the family, and their school and friends....she is the resident parent and if there are no safeguarding issues, or risks, then they wouldn't consider taking custody away from her because she wants to move....This is just my opinion though.

I think the best way forward is to try and get her round the table so that you can talk about the impact of the move on all of you, but most importantly the children.

Exactly.