Can I take my children with me?
Both parents have an equal legal right to make decisions for their children when their relationship ends. This is true even if one parent did most of the child care, or if one parent abused the other. Only a court order or agreement changes this equal right to decision-making responsibility.
If you leave your partner and take your children with you, your partner might say that you took the children away from them.
This does not mean you have to leave your children behind when you leave your partner. Talk to a family lawyer before you leave your partner, or soon after you leave. Shelters and Family Court Support Workers can help you get a certificate for up to 2 hours of free family law advice with a lawyer.
A shelter can also help you apply for a Legal Aid certificate if you need to go to family court.
If it is safe: leave a note for your partner that says you have left with the children, that they are okay, and that you will contact them soon so they can see the children.
If it is not safe: leave a message for your partner once you are in a safe place. Make sure your message does not include any information that they can use to find you.
Take a photo or keep a copy of any note or message that you leave for your partner.
If you do not take your children with you
If you decide to leave your partner and you do not take your children with you, your partner might say that you agreed to give them all decision-making responsibility and parenting time.
If this is not what you want, leave a note that says this. Take a photo or keep a copy of the note.
It is important to make these decisions about your children soon. Talk to a family lawyer about this. See General legal services.
You should also try to stay in close contact with your children.
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