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Child custody and removal from family home

Anonymous Asked:

As the father to my two sons...Is it possible to leave the Matrimonial home with my boys as they wish to come with me...I need to leave as per my Family doctor...stress levels are to high I can obtain a written note from Doctor with said recommendations,will the courts frown upon me causing my chances to get my boys when the separation is finalized.My boys are aged 17 and 13 soon to be 14.

Expert Comment:

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A Family Lawyer
7 years ago

You should take immediate steps to consult with a lawyer of your choosing. It is imperative to tell that lawyer whether the spouse causes you stress including the children or not. If and only if the safety and well-being of children are in peril then it may be permitted to move children to where they are safe. However, if the conflict is primarily between the spouses, then the spouse is either free to leave or make court application for exclusive possession of the matrimonial home (if applicable). The children's lives should be disrupted as minimally as possible further to the separation. However, unless there is very serious reason not to, the children need to spend time with both parents following separation.

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