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

By: Lorna Elliott LLB (hons), Barrister - Updated: 22 Jun 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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Are you trying to stop your divorce or separation and save your marriage? Does your spouse want out and you’re not sure what to do? Are you afraid your marriage is over? I am sharing this testimony to partners who are suffering in their relationships because there is a lasting solution. My husband left me and our kids for another woman for 2 years. I tried to be strong just for our kids but I couldn't control the pains that torment my heart. I was hurt and confused. I needed help so i researched on the internet and found a site where i saw that Dr. Excellent a great spell caster that can help get lovers back with love spell. I contacted him and he did a special prayer and spells for me. To my surprise, after 11hours, my husband returned home. That's how we met again and there was a lot of love, joy and peace in the family. You can also contact Dr. Excellent from any part of the world a powerful spell caster for solutions on your contact below The kids are overjoyed to have their father come back home for good. Sir here i am sharing your testimony just as i promised. Here his contact. WhatsApp him at: +2348084273514 "Or email him at: Excellentspellcaster@gmail. com , Thank you so much sir from your grateful client Denise Margaret.
oliviastephen02 - 2-Feb-24 @ 9:09 AM
I’m Daniella from New York. I came across Dr Uwaifo  post  and testimony of how he has helped people solve their problems when I was frustrated and depressed looking for help online on what to do to get pregnant after four years of childlessness. I saw great testimonies of his works and how he has put smiles on people’s faces. I contacted him via the number on his page and told him what I was going through, and he told me not to worry that I will carry my children and I claim it. Long story short, he told me what to do and I follow his instructions strictly without missing any words. I was still doing my wifey duties, few months later i got pregnant, i and my husband was so happy we now have a baby not just one but twins after years of trying Dr Uwaifo spell casting turn our situation around. Thank you for putting a smile on our face Dr. email: druwaifospelltemple @ gmail. com or whatsapp him: +1(315) 277-2762
Gassaway3425 - 29-Jan-24 @ 6:08 PM
Good works deserves good recommendation, I appreciate the effort of Dr.Excellent for helping me to bring back my husband, All thanks to him. I was heart broken when my husband left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. I tried to be strong just for the kids but I could not control the pains that tormented my heart, my heart was filled with sorrows and pains because I was really in love with my husband. I have tried many options but he did not come back, until i met a friend that directed me to Dr.Excellent a spell caster, who helped me to bring back my husband after 11hours. Me and my husband are living happily together again, This man is powerful, you can contact him now. I will advice anyone that have relationship problem or marriage problem, financial Difficulty, court case problem contact Dr Excellent now, Here his contact. WhatsApp him at: +2348084273514 "Or email him at: Excellentspellcaster@gmail. com
oliviastephen02 - 29-Jan-24 @ 8:43 AM
My son is in trouble with courts. Is my ex required to tell me what is going on with his situation
Dustin - 11-Jun-23 @ 6:17 PM
Are you searching for real spell caster to get your ex back? I highly recommend this real spell caster to anyone in need of help getting their ex lover back". My husband left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. I tried to be strong just for the kids but I could not control the pains that tormented my heart, my heart was filled with sorrows and pains because I was really in love with my husband. I have tried many options but he did not come back, until i met a friend that darted me to Dr.Excellent a spell caster, who helped me to bring back my husband after 11hours. Me and my husband are living happily together today, This man is powerful , you can contact him now. I will advice anyone that have marriage or relationship problem to contact Dr Excellent now he's the solution to all you problems. Here his contact. WhatsApp him at: +2348084273514 Or email him at: Excellentspellcaster@gmail. com
oliviastephen02 - 18-May-23 @ 10:02 AM
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