Do I have the legal right to get my children?

[dashingdave3]

My 2 children (11&13) both live down in Devon with thier mum and step father and half sister (8)
The mother has decided recently to leave both her husband and 3 children with the step father.
Could I go down and collect my 2 children if that was the right decision if I wanted? Technically I have 50% parental responsilbility as we were married before we had the children. However there's a half sister involved and the step father has been there for 9 yrs, the children do not want to move up to Northampton as it happens, so confused.com springs to mind!! I have to think what is best for the children? Any advice welcome, thanks in advance. ;o)

[pink-kittens]

Were you married to the mother?
Do you have any residence order?
Do you see these chiuldren regualarly?

[pink-kittens]

Ignore my first question lol,

[daffy654]

If the children are happy where they are and the step father is happy to have them there then the right thing to do would be to allow them to stay.If however either of the above are not true then it is you right and your duty as the father of two of them to fetch them to live with you.

[dashingdave3]

Thanks Daffy, i was hoping to have my children back, but do not want to bring about further up heaval in their lifes.
They know that if anything changes then the option is there for them to come up here. My only concern is that they could be better looked after in the respect to how they are turned out and personal hygiene wise, you can tell they have not been mothered proplerly. Then I find myself preaching to them when I should be cherishing every momnet I get with them. You any experience of this?

[daffy654]

This is a very difficult situation for all involved and as you so rightly have said,it is the children who matter most in this all.I have always had my children with me since birth,I personally can't understand why any mother would give up her children so easily,but some women just can't cope I suppose.
I would just visit as often as you can and make sure the children know they can call you or come and stay with you whenever they want.

[Totterdown]

Have a good talk to the stepfather and gauge what his feelings are. If you are completely happy that he has your childrens' welfare at heart, it is probably best to leave them where they are, making sure you let all concerned know you will always be there for them if circumstances change.