Yes, you can leave home with your children. Only you can appreciate the practical risks involved in doing this.
Be safe
If you're afraid that leaving with the children would result in greater risk of violence to you and/or your children, you may need to carefully plan the safest time to leave and also find a safe place to go.
If you're worried that your partner will physically try to prevent you from leaving you could plan to leave when they aren't at home or if this isn't possible, seek protection from the police when you leave (you could contact your local Community Safety Unit about this via your local authority).
If you're worried that they'll find you and take the children from you then you could consider going to a secret address for example a
women's refuge
. You may also want to apply to take out
an injunction
to get greater protection for you and your children.
Things to bear in mind...
It's important to try to take your children's legal documents (for example their passports, birth certificates and health documents) with you when you leave. Some violent people have been known to abduct their children and take them out of the country. If this happens it can be very difficult to get them back. Anyone faced with this situation should contact Reunite for further advice.
It would be a good idea to talk to a solicitor about your legal rights with regards to having your children continue to live with you after you leave the family home.
It's possible that your partner may have or apply for what is legally called parental responsibility (all married fathers automatically have this) which would give him parenting rights and responsibilities and also that he may apply for a
residence order which would decide who the children live with.
You may wish to consider applying for a residence order to make sure that the children continue to live with you.
It's important to have good legal advice on this issue. Find a solicitor who's experienced in working on cases involving children and domestic violence. If you can provide evidence (for example police and/or medical reports) of domestic violence this would strengthen your case.
The courts need to establish what is in the best interests of the children and although the Children Act doesn't make specific reference to domestic violence, the courts are now required to take this into account when dealing with disputes concerning children.
If you would like free and confidential legal advice before deciding whether or not you need a solicitor you can telephone
Rights of Women on 020 7251 6577 or the Men's Aadvice Line on 0808 801 0327.
