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31 December 2009
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If I go into a refuge without my children, will I be able to get them back?

Catherine Orr Deas responds

If you want your children to carry on living with you the best thing to do is take them with you. There are several reasons why leaving them behind is not a good idea:

  • This could put them in danger of violence from your partner. Some people who have not previously been violent towards the children become violent at this point. This can be for many reasons including trying to 'punish' the parent for leaving or blaming the children.

  • Your children may think that you've left them behind because you don't want them. Your partner may also tell them that you don't want them.

  • You may find that your partner tries to restrict your contact with your children as a way of 'punishing' you for leaving.

  • They may take legal steps to try to prevent you from getting the children back by applying to the courts for a 'residence order', to ensure they continue living with them.

  • You may then find the fact that you left them behind counts against you in court. People who do find themselves in this situation will need good legal advice (see Practical Help: Your legal rights for further legal information).

  • You should also consider the fact that if you're waiting to be re-housed you may be in the refuge for quite a long period (sometimes over a year) which would mean a long separation from your children.

Back to You and your children

This article was last reviewed by Catherine Orr Deas in December 2005.
First published in February 2003.

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