Child contact

My husband and I are divorcing, and my daughter and I are temporarily staying at friends, due to domestic violence incident.

Does anyone know if my husband has got the right to take our daughter from her nursery and then to his house without my consent? At the moment she doesn't go to nursery at all, as I fear that he may abduct her, as he threatened to take her away from me before.

Hi d

Sorry to hear about your situation. The position is that unless there is an order to the contrary you have joint parental responsibility for your daughter, and I believe that he could collect her from nursery.

Have you informed the police of the domestic violence incident? If you have then you could start the proceeding to get a court order, and you will find people on this site who will be able to give you advice on that

I wish you well - it must be an awful for you and your daughter at the moment.

S

Thanks for your reply.

The police is aware of the situation, and it's being investigated.

How do I start a court order? My husband has a restraining order against me, but not our daughter.

Thanks for your kind words, it' is a hard time for us.

despair wrote:

snip... My husband has a restraining order against me, but not our daughter.

....snip

Was this to halt further domestic abuse?

Yes, it was.
Sorry, I meant to say that he's not allowed to approach or even contact me due to the incident.

Firstly so sorry about your situation.

re nursery - my i have two children already at school and one to start nursery next month. You have to inform the school/nursery who has persmiision to collect your children so could you not tell the nursery that until they are told otherwise he is not allowed to collect her. if he turns up then they could call you or the police etc. dont know whether this would work.

Unless there is a court order to the contrary and dad has PR then he is an equal legal parent and has the same rights as mum to collect children from school/nursery.

May be an idea to have a chat with the local family liasion officer to seek their advice.

Might also be worthwhile you both attending family mediation to see if you can agree on some common issues and get this agreed in writing, saves any confusion later on.