Can a Father Take a Child Away From the Mother

What Happens If My Ex Keeps the Children Without My Consent?

Past: Abigail Taylor - Updated: xvi Feb 2022 | *Discuss

The idea of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people plow to the police force for help to return their children, simply how much the police can assist is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children confronting the other'due south wishes, the police CANNOT help, fifty-fifty if the children do not normally alive with them. Yet, if the parent does not have Parental Responsibility, the police force volition exist able to intervene.

So what is Parental Responsibility?

The Children Act 1989 defines 'Parental Responsibility' as 'all the rights, duties, powers, responsibilities and authorisation which by law a parent of a child has in relation to the child'.In obviously English, this means that you accept responsibility to:

• house the child
• protect and maintain the child
• make decisions nigh their teaching
• name the child
• consent to any medical treatment for the kid

Mothers automatically accept Parental Responsibility as they are listed on the child's birth document. A father will automatically have Parental Responsibility if he was married to the mother at the fourth dimension of the birth or was listed on the nascency certificate. Alternatively, both parents tin can sign a Parental Responsibility Agreement and register information technology with the courts, or more ordinarily, a father can employ to the courts for Parental Responsibility.

To apply to the courts, you will need to make full in form C1 found at Gov.Uk - Forms and Guidance. A court fee of £215 is also payable though y'all may be able to get assistance with this if you receive benefits or have a low income.

But what if both parents accept Parental Responsibility?

The father of my son has decided not to return my child. He has admission every week, only we had an argument about what time he should render my child and he said he wasn't going to return him every bit he has parental responsibility and he has found out he can legally keep our son. I called the police, but they said they can do null about it as he is named on the nascency certificate and therefore has PR. I am abreast myself with worry. It has been four days now and my ex is still refusing to return him. My son is merely four and has never been abroad from me longer than a day. I can't eat or sleep and I am beside myself with worry. I just want my little boy dorsum.

If both parents have Parental Responsibility then the police cannot intervene to take the child off 1 parent and requite them to the other; the police cannot cull between parents, that is the remit of the courts.

In this situation, if y'all are concerned about beingness able to encounter the children, or, if you think that the children should live with you, you lot can apply for a Child Arrangement Order.

Note: You may accept heard well-nigh Contact Orders or Residence Orders. A Child Organisation Order replaces these older orders but those with Contact or Residence Orders demand not re-apply. Likewise confusingly frequently those in practice volition however refer to (for example) obtaining a Residence Order when applying for a Child Arrangement Guild.]

What is a Kid System Order?

This court order determines where your child lives, which relatives they accept contact with, and what type of contact (e.k. in person, telephone calls, or letters). Anyone with Parental Responsibleness can employ for an Society.

To apply to the courts, yous will need to fill in course C100 plant at Gov.UK - Forms and Guidance. A court fee of £215 is also payable though you may be able to become assistance with this if you receive benefits or have a depression income.

I am a father of 2 children half dozen and three. When I went round to option them upward concluding week I institute my ex collapsed on the sofa through drink and drugs and her ex partner also high on drugs. My daughter and son were non dressed and my girl'south nappy had not been changed for hours and she was playing with nutrient in the domestic dog's basin. I take heard they are not existence fed or looked after properly and the Social Services are looking into this.

Ordinarily, the court will give find of the hearing to both parties and then that they can attend and give their side of the story. Nevertheless if you think that your child / children may be in danger, then you may exist able to apply for an emergency without detect hearing which will be much quicker than a full "with find hearing". However be aware that this will only be a temporary solution and that any without notice hearing volition be followed shortly later on by a total "with observe" hearing in which the court order may be inverse. If you are considering this option, seek professional person advice or contact your local Citizens Advice Bureau for some free assistance.

If you lot can show that your former partner is non able or appropriate to look subsequently your kid / children, you may be able to get an order stating that the children should alive with you. Yet you will need to show this.

Beneath are easy ways to obtain this bear witness:

• Take photographs of the condition of your children when you meet them (e.g. unwashed / muddy clothes / dirty nappy)
• Video or photograph your interaction with your onetime partner when going to collect your children, including whatsoever condition of their house as you can see information technology from areas into which you are invited / the doorway. However retrieve that y'all must not trespass into the holding.
• Accept a witness with you when yous go to try to collect the children (e.g. a family unit friend or if possible an independent person such as a local church government minister).

Notation that the courts are very unlikely to not award at least contact to a parent, even if they are inappropriate to await later a kid. However this contact may be indirect, such as past letter, or supervised at a contact centre.

Recall that whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a existent take a chance to life. If you are concerned most a real and firsthand threat to your child'southward safety, speak to your local constabulary and social services.

If you are unsure about your rights, speak to your local Citizens Advice Bureau who volition be able to provide yous with free assistance. The courts may be able to help, simply this can be a lengthy process and you will need to evidence whatsoever concerns. It is therefore important to know your options before seeking a courtroom guild.

Bank check out the Separated Dads Forum... Information technology's a great resources where you lot can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Courtroom, Behaviour or simply to have a chat with other dads.

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Share Your Story, Join the Discussion or Seek Advice..

Hi I need advice my ex married woman has decided I can no longer accept my children, I have a mediation appointment coming upward however my ex will draw this process out equally she wants this to get to court. She keeps sending emails and texts with untrue facts and comments as trying to build prove that I am unfit parent. Can she terminate me right now and how long volition this go along for with me not seeing my two children ?

J - 16-Feb-22 @ nine:34 AM

I cant practise this anymore ,deep down im a dad who wanted to be apart off my( daughters life) .her mother made it incommunicable just put me on orders (I really regret have a child to this women and always meeting this women it was the biggest mistake off my life ).but this is the hand I was dealt and my daughter is a adult now so I take permit become I have no need to be on these sites .f you sam I hope you get belted in ever relationship you ever accept in my book you are dead set up trouble and( I'yard glad I never have to associate with you e'er once again and that makes me happy ).

C laurie - vii-Feb-22 @ ix:54 PM

Hullo I'thou after some advice I have recently split with my ex who has took our daughter to live at grandparents house. A few months ago in that location was a incident where the grandmother was feeding our girl when she choked on a piece of food which made her vomit the grandmother shouted at her saying stop playing with her nutrient then picked the slice of food up that our daughter had just brought up and made her swallow information technology again. Isn't that child abuse ? So I've said to my ex that I don't want our daughter being left under supervision of the grandparents due to welfare concerns which is being ignored what can I practise ?

Mitch - seven-Feb-22 @ 1:12 PM

Hi wondering if anyone tin can help with some communication. My cousin (male) and his partner accept a 2 and half year old boy. Over the weekend she called the police on him and said he assaulted her. Police came and arrested him and he is at present on bail. It has come to light that she has been abusing my cousin mentally and physically for months and months. On the weekend she was angry with him and started to hit him infront of the child. She so tried to oush mu cousin down stairs while he was holding his son. He grabbed her arm to steady himself and she got a bruise on her arm. She is challenge he assaulted her. She is now stopping him from seeing his child and maxim that the police told her not to give him access. Is it correct that the police tin can advise someone that they can't give another parent access? I always assumed it was through family court? Thanks

SHR - 20-December-21 @ 11:03 AM

I need some advice regarding a close fellow member of my family. On a normal 24-hour interval B went to take l/o to nursery and didn't return domicile. She told some story in the nursery and they got social and law involved. They did not render home. My friend has been told he needs to go through the court to see his girl just all the allegations are false and fabricated up and then this individual can be granted a permanent status to live in this country. Information technology has been months and no contact with kid.

Nas - 18-Oct-21 @ 10:31 PM

I really need help, my husband has my children in our firm when I went to collect them with my father he called the police force and said me and my dad had come to striking him, simulated allegation. I was told to leave and SW decided we both have equal rights but my ex husband has non been co oprative I am all the same waiting on the lawyers to become dorsum to me. This is hurting me so much I am worried ill for my children. Idk how long I'll take to look to see my kids. Information technology's unfair that his done this to me. Police force and SW own't much help either.

Sara - 7-Aug-21 @ 9:56 PM

How-do-you-do I left my ex partner and ended upward with a girl who lived over the road in the same estate. Wasn't very nice I know but I was in a bad relationship and things simply happened. It'south been over a twelvemonth now and we're looking on moving house merely very hard at the moment. My ex has told me I tin't take my 2 kids to my partners business firm cause information technology's stressful for her and if I practise then I'll never meet them again until I pay for court and a judge tells her otherwise. What are my options cause shes starting to work my head bad. She's constantly texting me. Plus she's got a new boyfriend and he'south there in her house playing with my kids. Thanks

Danny1986 - vii-May-21 @ 2:21 PM

Heey I was with mmy ex partner for nearly 2 years off and an I have a baaby. With him and I have to other kids previously and our relationship broke down becausee he was voillent and I had to get up andd become as I had to put my three children first. Since I've moved he's tried to control my life he's also taken my infant girl from me on the 8th of March outt of jelousy aandd controllingness I've never halmed my children still accept ii in my Intendance now hess just usijgg my baby equally a weapon because I won't get bback with him witch I find information technology discuting, I'thou simply heartbroken information technology's been 2months at present and my trivial girl iss but 8 months quondam I've taken it to court and hopefully she volition exist home before long

Amyloo - 6-May-21 @ 8:forty PM

How-do-you-do I let my daughter go to her father on the 25th Jan for one week, she wanted to stay for another week so I permit her. Earlier she went she had asked for loads of things but because she had just got lots for Christmas I said it was besides soon and she she needed to wait for quite a while. When she went to her fathers he bought her everything she wanted. She was waiting for an online delivery that would accept arrived when she would be dorsum with me and rather then asking to stay for anotherweek with her father she bankrupt down in tears to him and made lots of horrible things up. I am now facing family law court with fees I can't afford while he manipulates and keeps my daughter and buys her what she wants. All the fourth dimension making out very serious allegations about me. Information technology appears that I am guilty until proving innocent. I haven't seen my daughter in 6.5 weeks ( nosotros have never been apart for more than that 2 weeks earlier). He lies are getting bigger. Everyone is listening to her as she is 13. I love my daughter but I know the massive lies she has fabricated during lock down and I feel social media ) tick tick and Instagram) have played a huge role in this. No one has listened to my side nevertheless fifty-fifty though she has lived with me her whole life. Last Female parent's Day she told me I was her best friend and mum rolled into i. This year they have encouraged her to not see me o. Mother'southward Day. I am drastic and now broken. I feel no one is listening to me because of the serious allegations that are not true!!!! Any help please

Billie - 14-Mar-21 @ 4:40 AM

Hello I permit my girl go to her father on the 25th January for one week, she wanted to stay for another calendar week so I let her. Earlier she went she had asked for loads of things just because she had only got lots for Christmas I said it was too shortly and she she needed to wait for quite a while. When she went to her fathers he bought her everything she wanted. She was waiting for an online commitment that would have arrived when she would be back with me and rather and then asking to stay for anotherweek with her male parent she broke down in tears to him and made lots of horrible things up. I am now facing family constabulary court with fees I can't afford while he manipulates and keeps my daughter and buys her what she wants. All the time making out very serious allegations about me. It appears that I am guilty until proving innocent. I oasis't seen my daughter in half dozen.5 weeks ( nosotros have never been apart for more that 2 weeks before). He lies are getting bigger. Anybody is listening to her as she is 13. I love my daughter only I know the massive lies she has fabricated during lock down and I feel social media ) tick tick and Instagram) accept played a huge part in this. No one has listened to my side yet even though she has lived with me her whole life. Last Mother's Day she told me I was her best friend and mum rolled into one. This twelvemonth they accept encouraged her to non see me o. Mother'southward Twenty-four hour period. I am drastic and now broken. I feel no one is listening to me considering of the serious allegations that are non true!!!! Any aid please

Billie - 10-Mar-21 @ 12:24 AM

I demand some advice on steps to take as my ex partner ha stopped contact with me & my son over an statement I had with me & ex partner father now since then it's been nothing but hell trying to see my son who lives with my ex partner & her parents I tin't come to the firm when arrangements was made at present they change and then that he could come with me have visits at my house now she has stopped that & stop full contact I can't even get a reply back to a simple message welfare of my son and then when she doesn't reply I become police at my door for a harassment which isn't right when concerns my son now I but neeed to know where I stand?

Pismire - two-Mar-21 @ 10:l AM

SAM y'all got social services involved in your life you got siblings raping each other you and hubby telling your daughter its normal behaviour .your whole family needs help you have crisis in your life .stuff the blogs gear up your cleaved family. It's not normal behaviour brother and sister should not accept relations .they will end upwardly breeding inbred children together cheerio the sound off things you and husband proud .well yous won't exist when the child comes out retarted .

C laurie - 10-Jan-21 @ 3:10 AM

Sam instead off writing in blogs .you should work on your family farewell the sound off things you really need to (I have never meet anyone who has had social services chosen on them) .I see now nosotros run in different circles.good luck with your life

C laurie - 10-Jan-21 @ 12:01 AM

Sam I see you will continue posting .(post abroad your games will never piece of work with a guy like me ).I know excaltly the kind off women you are and I have nada respect for.in reality I volition never speak to you lot again thats the gods truth .

C laurie - nine-Jan-21 @ viii:59 PM

Hi I would similar some data surrounding my rights and what to do. My youngest daughter (xvi) has told me recently that she was raped by her step brother about a year and one-half ago. Her mum and pace dad covered this up and told her that it would be all-time to say it was consensual. I have contacted the police force and an investigation is in process. Since then I have refused to allow my daughter or Son (12) to go to her house for their own prophylactic (if she can keep this quiet and lie then what else is she keeping repose about) the stride brother also could be there. Social services are involved, and have stated they feel it is for the best for both to exist at mine. The children'due south mum has been in contact asking for her son to return to hers, I've told her I don't think it'south safety for him so won't be returning. My question is am I allowed to keep them from going back to the house with their mum? I know with my daughter she doesn't want to return. My son is mixed, he would like to see his mum. Please aid.

Mick - 9-January-21 @ 1:14 PM

This is to onetime suzi.( Fifty-fifty if your kid by away I wouldn't even nourish the funeral )so please finish posting( i dont want your help in seeing this child )so there is no demand for you to be on these sites .its a new year become your partner to (legally prefer her if she looking for a father figure ).suzi I am like timmy y'all should off thought harder near the person I am before falling pregnant so information technology's your own fault .stop posting and get on with your own life (.Considering I am never coming to encounter bree ever or taking you to court )I dont retrieve I can make it any clearer.

C laurie - iii-Jan-21 @ 11:31 PM

This is to old suzi .even if this (child was mine) I never would have taking y'all to court thats the gods truth .(I want nothing to practise with your child )so please stop posting its a new year and then put your time and energy into your family unit .

C laurie - 3-Jan-21 @ eleven:07 PM

This is to old suzi j Barnes . Stop (posting loser) I dont want your child never did .(in reality I would off taking you to court 11 years agone if I wanted to see your child )so must realise that???.you lot should off had a child to (Gordon or Dave or Jason or Dan or Travis)if you lot wanted someone to take you to courtroom thats( gods truth ).I am similar Jamie and Timmy us blokes dont want children we to busy doing other activities and fooling around with hotter younger women .that'southward the gods truth .

C laurie - 3-January-21 @ ten:46 PM

How-do-you-do, i have an upshot. My wife went in romania in holiday to her parents and after a week she told me she will non going to come back in uk and she will go in italy to her sis. I exercise non agree at all with this decision because my son is at school in uk and he was here for the last 4 years. We are non divorced and she had a document from me wich expired seccond 24-hour interval she arrived in italy.What tin i exercise to bring my son back in britain ? How can i do it? Thank yous

Sorin - 3-January-21 @ 9:nineteen PM

hi im trying to seek some legal advice or whatsoever other communication reguarding my equal rights every bit a parent both myself and mother signed nativity certificate and were both presant . ive had the kid almost every twenty-four hours for seven years taking her to school picking her up . doing sports days . fun days etc. me and my partner were together for those years . now due to an alledged domestic which me or my partner never phoned constabulary it was someone else.i was arrested and released side by side twenty-four hours no charges even got an appoligy .there has never been whatever courtroom orders nothing . now one parent has decided to keep the childand says i can at present just come across my child a couple hours a week . which i think is discusting ive heard the child on the phone pleading to get out with me .which is upseting . .am i right in thinking and also reading on certain posts when the child comes to my housei tin legally continue her . my ex is using the kid as a weapon . i would never stop a child seeing the other parent equally i belive it discusting . pablo - 17-December-20 @ x:45 PM

pablo - 17-December-20 @ eleven:38 PM

hullo im trying to seek some legal advice or whatever other advice reguarding my equal rights as a parent both myself and mother signed nascence certificate and were both presant . ive had the kid about every 24-hour interval for 7 years taking her to schoolhouse picking her up . doing sports days . fun days etc. me and my partner were together for those years . now due to an alledged domestic which me or my partner never phoned constabulary information technology was someone else.i was arrested and released side by side day no charges even got an appoligy .at that place has never been any court orders nothing . at present one parent has decided to keep the childand says i tin can now merely meet my child a couple hours a week . which i recollect is discusting ive heard the kid on the phone pleading to become out with me .which is upseting . .am i correct in thinking and also reading on certain posts when the child comes to my housei tin legally keep her . my ex is using the kid every bit a weapon . i would never stop a child seeing the other parent as i belive it discusting . pablo - 17-Dec-20 @ 10:45 PM

pablo - 17-December-20 @ 10:55 PM

hi im trying to seek some legal communication or any other advice reguarding my equal rights as a parent both myself and mother signed nascence document and were both presant . ive had the kid nearly every day for 7 years taking her to schoolhouse picking her upwards . doing sports days . fun days etc. me and my partner were together for those years . now due to an alledged domestic which me or my partner never phoned police it was someone else.i was arrested and released next twenty-four hour period no charges even got an appoligy .there has never been any court orders goose egg . now one parent has decided to keep the childand says i can now only see my kid a couple hours a week . which i retrieve is discusting ive heard the child on the phone pleading to go out with me .which is upseting . .am i right in thinking and also reading on sure posts when the child comes to my housei can legally continue her . my ex is using the child every bit a weapon . i would never stop a kid seeing the other parent every bit i belive information technology discusting . pablo - 17-December-20 @ 10:45 PM

pablo - 17-December-20 @ ten:55 PM

hi im trying to seek some legal advice reguarding my equal rights every bit a parent both myself and mother signed birth certificate and were both presant . ive had the kid nearly every solar day for seven years taking her to school picking her upwards . doing sports days . fun days etc. me and my partner were together for those years . now due to an alledgeddomesticwhich me or my partner never phoned police force it was someone else.i was arrested and released next twenty-four hours no charges even got an appoligy .at that place has never been any courtroom orders nothing . now one parent has decided to proceed the childand says i can now only see my child a couple hours a calendar week . which i call up is discustingive heard the child on the phone pleading to get out with me .which is upseting . .am i right in thinking and also reading on certain posts when the child comes to my housei tin legally keep her . my ex is using the child equally a weapon . i would never end a child seeing the other parent as i belive it discusting .

pablo - 17-Dec-20 @ 10:45 PM

Howdy, I am separated from my wife and two children. I accept moved back to the habitation town where my children are and have been paying maintenance since the separation. I am now in a position to have my children overnight for upwards to four nights in ten, so essentially a threescore/xl dissever. My ex partner is refusing to allow me to have the children for that amount of time for her own emotional well-existence. If she is denying me access and I and wanting to have more admission. Will that be taken into account by CMS?

Coley - 2-Dec-20 @ 8:12 PM

How-do-you-do I'm writing hither today for help as the female parent of my kid threatens me all the fourth dimension to take my daughter away from me if she doesn't get her own way, I don't know what legal right I accept to meet her if I leave the relationship I don't want to lose my child, she's my everything can someone please assist me, I work full time and I do everything for her, I try then hard ??

Dan - 28-November-20 @ 1:41 PM

@kit.if that was the instance in my situation I wouldn't take the child .even if she was getting chirapsia from partner its( none off my business). I am not similar dan or Darryl who would accept there children and put them in school.i would say to the mother requite her daughter to (her family unit) to await after if they cantjust put the kid into the care off the state .once her mother said once her daughters been raped in my head i was like wtf do you lot want me to do nearly information technology .her mother never had any issues calling the police on me back in the day .her daughter she become over it not that big off bargain its not like she was murdered.

Christopher - 18-Nov-20 @ 1:06 AM

Hi....my ex cannot cope any more than with our children I accept PR and I told her I would accept intendance of them as she had a ex who wS beating her etc. She so wrote a letter of consent stating I could have custody and put them in a school in my area. Where do I start for custody. I've applied for schools ive notified 3rd parties nonetheless I fearfulness she will try and take them dorsum and identify them in danger as the ex keeps coming back with more threats. I am happily married and my wife excepts my children whole heartedly. Delight communication thank you Kit

Kit - 14-Nov-20 @ 10:twoscore PM

My partner and I got a dog half-dozen months ago that bit his child (completely our fault he left the room when he shouldn't have with the kid eating) but at present eventhough we are willing to cage the domestic dog and keep her in the garden for the weekend every week totally away from the child mind you she still won't let him see his kid until the dog gets rehomed. does the father have any rights?? Is information technology ok to go along him from seeing his son even though he's taken precautions so information technology never happens again? We really want to proceed the dog merely she won't permit it with her son there

C.S98 - 14-Nov-20 @ four:35 PM

So for the second time in half-dozen months this women has had 2 covid scares. The first she didn't even tell me almost until later she got the results, and so I dropped my daughter dorsum with her knowing she might have it. Then yous would retrieve thats a wake up call. Oh no she then proceeds to have people circular, get round other peoples homes and travel across the country to another friends. 3 of these work within the NHS may I add. And has managed to start a new relationship ????? Bare in mind my daughter has asthma. So I get dogs abuse for wanting her here until she gets the all clear. Am I missing something?

Faze - 3-Nov-twenty @ 12:08 AM

I reported my ex for domestic corruption never fabricated a statement my mum has forced me to ready a protection program up against me having no parental rights for the fourth dimension being, does my ex have any rights to my child she won't allow phone calls to him regarding my son or anything. He has previous ss involvement just never any charges where does he stand pls. I seriously don't desire my mum in total care of my son as she is toxic and only wants my son for finacial gain.

Kay - 21-Oct-twenty @ 3:10 PM

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Source: http://www.separateddads.co.uk/what-happens-if-ex-keeps-children-without-consent.html

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