custody/ residency problem

[staci]

at present my two children are officialy living with dad, no legal reason or paperwork on this...just a mutal decision at the time. no wmy daughter wants to come live with me and my son is thinking about it. they are ten and eleven. dad is saying no. would it stilll count as kidnapping if i just took them? would i get custody if i took it to court?

[bednobs]

as far as i know you can't kidnap your own children, unless you are going specifically against a court order. Please dont just take them, talking is honestly the best way, unless you fear for their safety

[mrs_overall]

Your best bet is to do things properly and get a residence order. You need to see a solicitor who specialises in family law. The court would ask a CAFCAS officer to interview all parties concerned individually. (The children are interviewed without the parents).
At the ages of 10 and 11, your children are more than capable of making up their own minds about where they want to live.

A word of warning - children in this situation are notorious at chopping and changing their minds. They may have an argument with the parent with custody and then decide they want to live with the other parent. A few weeks down the line they can change theri minds again.

Good luck.