Application for withdrawal of the right to determine residence
Good day, my ex-husband has filed a court application for an interim order for transfer of residence determination rights and immediate handover of the children. He claims that I have allegedly been denying access to the children for a prolonged period of time. Several access proceedings have already been brought before the court, where it was decided that his son (8 years old, every 14 days including holidays, etc.) and his daughter (every 14 days only on Saturdays because she does not want to sleep there) would spend time with him. It is also a fact that he himself terminated these visits with his daughter as she always cried (witnessed by others). In the meantime, she has started going again, but he has once again terminated these contacts with witnesses present, stating that he does not want it and I should take her back. His son regularly goes.
Since our separation in 2007, the children have been living with me and my new husband. The children are 8 and 5 years old, have their kindergarten and school here, friends, relatives, neighbors, etc. I have not changed residence since the separation, so the children have always lived here. The claim that I am denying access to the children is simply a lie, which can be proven with witnesses. Even his own son says that he regularly goes to his father's place. The daughter always refuses, but I have given her to him despite her crying until the father terminated the visits. My current husband was always present. I even offered that he could visit them or that we could sit down together, but he refused. I am also not allowed in his apartment and he does not want to come to mine.
He agreed during the divorce that the children would live with me. My son has tearfully told me that his father has said that he will soon live with him, and that a woman would come to pick him and his sister up. He also said that, using hand signals, his father indicated that his mother is bad for the children and he is good. But he told him not to say this at home. The children lack nothing here. They are outside a lot, I encourage contacts with friends and family, take them to kindergarten, and take care of everything. He also receives information about the children's appointments and can come there. The daughter only shows this behavior when she is alone with him, for example when he picks up the older child. She clearly shows that she loves him, but she does not want to go with him.
He cannot prove that his son does not come, because it is a lie, and he himself did not want the daughter to come (witnesses). What can I do? I do not want to lose my children. Can they be taken away from me for such reasons and because of such an application? No one can accuse me of anything. Kindergarten and school are top-notch, I love my children, and he can have them,
