Partner decided to go

[2ltr16valve]

I would suggest seeking legal advice asap. I have been in a very similar situation too you a few years ago.

In short, my ex (2 children's mum) had an affair and then walked out because of the guilt, so she says. Anyway, she then decided she wanted too come back after a few weeks once the realisation set in that she was effectively homeless. We were joint tenants so I could not stop her. But she went one step further, she went to a solicitors who are known for going straight for court orders- she obtained 3 orders against me and I was removed from my home, from my children and was not allowed too contact them or go near them for over two weeks until I got it back in front of a judge !

These orders (residency, non-molestation and occupation I think) are given without your knowledge as the court are told the person will be at 'risk' if the partner had been informed.

Now, the risk part can be something as vague as psychological harm/abuse which was used by my ex ! This was completely made up and proven too be a lie months later, but that did not prevent it being used too begin with.

If your partner is willing to give you custody/residency of the children then get it official

 

If you need any more advise regarding any of the procedures let me know.

 

Good luck.

[2ltr16valve]

I suggest you contact a family law solicitor and speak about a residency order, and possibly a prohibited steps order to be honest.

The residency order is self explanatory, states where the children will live.

The prohibited steps order can put into place restrictions such as, preventing the children from being taken out the country, stopping them going too certain places that could be detrimental too their health/mental health.

 

Failing a solicitor taking this on, as I found... If your male the majority won't help !

You can do it yourself at county court, you should get help with the fees as your in receipt of benefits or No income.

You need too file a statement of fact/truth stating the reasons why you want it, and what could happen if it is not granted.

[2ltr16valve]

Just heads up with child benefit, they won't transfer it straight to you if your wife is the named person claiming at the min.

 

When I took over CB with my children after a similar situation, even tho I had a court order saying children live with me from X date .... CB still paid the mother for 8 weeks (might be 6) from when they got the claim.

I'm my opinion allowing fruad !! Before they would pay be.

Something to do with the regulations