in Mom's going through divorce/separation/ breakups

Need advice UK

Not for myself but a family member who is in a very difficult spot! It’s a bit complicated, but as a general thing, in the case of a separation, if the parent who is the main carer being the SAHP take the kids to move out, can the other parent accuse them of kidnapping? In this case, in case there are 2 mums, the SAHM is not the bio mum and didn’t carry and give birth to the kids but they were engaged when babies were conceived as wanted together, married before the birth and both are on the birth certificate. There would be a lot of things to take into consideration in this situation as it’s a bit complex, but that’s kind of the most urgent question Any advice would be appreciated

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If the parent in question is on the birth certificate then no, the other parent can get a court order to apply to have children live with them, but it’s the same rules for same sex parents as it is for the opposite sex couples

The birth certificate allows parental responsibility for both parents 50/50

@Krisie that’s what I thought too, but the whole family seems worried about it. To me it would just make sense, she has started working recently but she is still the main carer while her wife if out of the home to work pretty much all week, if she needs to leave the home, it would make sense that she takes the kids with her

I mean it’s a matter that would need to be dealt with the court where the children are better off, the police could not intervene unless there are safeguarding issues. I have never heard of same sex couple go through custody so woudnt know what the judge would take in to consideration but it would definitely be stability and safety at this point x

I’m in the US but what I’ve been told is that without a custody agreement, either parent can legally take the kids anywhere any time. Therefore people are afraid the other parent will “kidnap “ or withhold the children from them—a legitimate concern, but not legally considered kidnapping at all.

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