Home > Ask Our Experts > Do I Have the Right to Know Where My Children Are?

Do I Have the Right to Know Where My Children Are?

By: Lorna Elliott LLB (hons), Barrister - Updated: 25 Jul 2024 |
 
Contact Child Parental Responsibility

Q.

My ex-partner left me with the care of our 2 children a year ago. He has a new partner whom he doesn't live with and my children stay at her house every other weekend. My ex-partner frequently turns his mobile phone off or has it on silent, so if there was an emergency I have no way of contacting him and getting a response.

I've asked him to provide me with details of where our children are staying on these weekends, just in case anything happens and he is refusing to give them. He has parental responsibilty for our 3-year-old but not for our son. Am I within my rights to know where my children are?

(C.M, 26 May 2009)

A.

This does sound like a difficult situation. You are trying to ensure your children continue to spend time with your ex-partner, and he – for whatever reason – won’t give you the address of his new partner. It must be hard not knowing where your children are.

Parental Responsibility

To answer your question, I’ll first explain some principles of Parental Responsibility. As you know, more than one person can have parental responsibility at any one time. The essence of The Children Act implies that it is not practical for a person with parental responsibility to have to ask another person’s permission about everything to do with the child. There are certain exceptions to this, however, that do require everyone’s consent, such as sending a child to boarding school.

Relevant Case Law

There is case law that supports this: in the judgment of the case of D. v D. (Shared Residence Order) [2001] 1 F.L.R 495, Lord Justice Hale said that where a child is being looked after by one parent, that parent must be allowed to take the decisions relating to the child. While this parent has care of the child, the other parent should not try to interfere with matters relating to this time during which they don’t have care of the child. This does not, of course, extend to taking decisions that contravene a court order. However, where possible, flexible and practical arrangements should be made.

Delegation Of Parental Responsibility

Although your ex-partner does not have parental responsibility for your other child, you are delegating care of your child on a temporary basis. I do not know the details of your former relationship (such as whether you were married) or the age of your elder child, so I will not speculate here.

Suggestions

Your ex-partner has made it clear that he does not want to disclose his new partner’s address. Although he is within his rights not to want you to interfere with the time he spends with the children, it does not seem fair that you have no means of being able to contact them if there is a genuine emergency.

Talk to your ex-partner about this issue, and try to work out a compromise. Reassure him that you are not trying to interfere with his time with your children, nor are you seeking to abuse any contact details he gives you. If there is a genuine emergency with either of the children while he is in their care, make sure he understands that he must contact you. However, if you suffer an emergency, you need to be able to contact him, too.

Explain that you will not be contacting him during his time with the children unless there is a real and immediate emergency. He may be more willing to pick up his phone then. In the alternative, is there a trusted third party that you can contact in the event of an emergency? For example, could you arrange to contact one of your ex’s relatives, who would then contact your ex?

I hope you have found these suggestions useful, and wish you luck with resolving this issue.

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Amazing Love Spell To Get Back With your Partner and Fix Your Broken Relationship  WHATSAPP+2349161779461 My wife broke up with me 3 months ago, and forced me to sign the divorce papers, and I was completely heartbroken. And I could not get back into any shape emotionally. I Thank God for this astonishing and brilliant spell caster that came to my rescue. Wow! This spell caster has helped me so much. Dr Jakuta guaranteed me an urgent 24hrs spell casting, of which I accepted it. Shockingly! this month my wife called me back with lots of apologies after 48hrs which he assured me, and he did everything possible to withdraw the divorce papers which was previously ongoing with the power of this miracle working spell caster. Some people testified that he brought their Ex lover back, some testified that he restores womb, cure cancer, herpes simplex virus and other sickness, Thank you so so so much Lord for your powerful spells. expressions are not sufficient to say thank you. Email doctorjakutaspellcaster24@gmail. com. You can also WhatsApp him on +2349161779461
EVANS - 3-May-24 @ 6:10 AM
Amazing Love Spell To Get Back With your Partner and Fix Your Broken Relationship  WHATSAPP+2349161779461 My wife broke up with me 3 months ago, and forced me to sign the divorce papers, and I was completely heartbroken. And I could not get back into any shape emotionally. I Thank God for this astonishing and brilliant spell caster that came to my rescue. Wow! This spell caster has helped me so much. Dr Jakuta guaranteed me an urgent 24hrs spell casting, of which I accepted it. Shockingly! this month my wife called me back with lots of apologies after 48hrs which he assured me, and he did everything possible to withdraw the divorce papers which was previously ongoing with the power of this miracle working spell caster. Some people testified that he brought their Ex lover back, some testified that he restores womb, cure cancer, herpes simplex virus and other sickness, Thank you so so so much Lord for your powerful spells. expressions are not sufficient to say than you. Email doctorjakutaspellcaster24@gmail. com. You can also WhatsApp him on +2349161779461
EVANS PHILIP - 2-May-24 @ 12:20 AM
Amazing Love Spell To Get Back With your Partner and Fix Your Broken Relationship  WHATSAPP+2349161779461 My wife broke up with me 3 months ago, and forced me to sign the divorce papers, and I was completely heartbroken. And I could not get back into any shape emotionally. I Thank God for this astonishing and brilliant spell caster that came to my rescue. Wow! This spell caster has helped me so much. Dr Jakuta guaranteed me an urgent 24hrs spell casting, of which I accepted it. Shockingly! this month my wife called me back with lots of apologies after 48hrs which he assured me, and he did everything possible to withdraw the divorce papers which was previously ongoing with the power of this miracle working spell caster. Some people testified that he brought their Ex lover back, some testified that he restores womb, cure cancer, herpes simplex virus and other sickness, Thank you so so so much Lord for your powerful spells. expressions are not sufficient to say than you. Email doctorjakutaspellcaster24@gmail. com. You can also WhatsApp him on +2349161779461
EVANS PHILIP - 2-May-24 @ 12:20 AM
Amazing Love Spell To Get Back With your Partner and Fix Your Broken Relationship  WHATSAPP+2349161779461 My wife broke up with me 3 months ago, and forced me to sign the divorce papers, and I was completely heartbroken. And I could not get back into any shape emotionally. I Thank God for this astonishing and brilliant spell caster that came to my rescue. Wow! This spell caster has helped me so much. Dr Jakuta guaranteed me an urgent 24hrs spell casting, of which I accepted it. Shockingly! this month my wife called me back with lots of apologies after 48hrs which he assured me, and he did everything possible to withdraw the divorce papers which was previously ongoing with the power of this miracle working spell caster. Some people testified that he brought their Ex lover back, some testified that he restores womb, cure cancer, herpes simplex virus and other sickness, Thank you so so so much Lord for your powerful spells. expressions are not sufficient to say than you. Email doctorjakutaspellcaster24@gmail. com. You can also WhatsApp him on +2349161779461
EVANS PHILIP - 2-May-24 @ 12:20 AM
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