Mothers Rights

[trezmiffed]

My friend & her partner decided to split 4 months ago, & because the tennancey is in his name he said she could stay there till the council gave her a home for her & the kids. Last week however his family turned up & kicked her out & they wouldnt let her take the 2 children with her. After ringing the police they said due to the late hour to leave the kids there for the night, which she did. Since then shes been to visit the kids daily & wants to bring the kids home to her sisters with her, has she got the right to take the kids with her. There are no other agencies involved with this matter. We just want to know what her legal rights are as the mother.

[bednobs]

is the Father still in the original home? Does the father have parental responsibility? If so then the father has just as much right as the mother to be with the kids. You say his family kicked her out - what does he think of that? was he party to that?

[trezmiffed]

Yes the father is still in the original home, the father is on the birth certificates for both children, but hasn't been to court for a residence order. Yes he was a party to his family kicking her out.

[pink-kittens]

Were either of the children born after 1 Dec 2003?

If they were the father has exactly the same rights as the mother, married or not as his name is on the birth cert.

[trezmiffed]

yes they were born after the afore mentioned date. We realise he has rights, all we want to know is if she wanted to take the kids for the night or weekend can she walk out of the house with them. Is she within her rights to do this. On the night they ousted her from the house she wanted to take them then, she rang the police because his mother said she couldnt take them, they advised that because of the time of night to leave them there for the that night & to go back the next day for them. She did this but his mother wont let her take the kids. The father doesn't seem to have much to say on the matter.

[pink-kittens]

Yes, she can
They both have parental responsibility for the children (there is no residence order so they both have exactly the same rights) and the grandmother has none whatsoever.
I suggest she takes someone with her - she cannot be stopped taking her children regardless of what the grandmother may say