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I want to take my children and move abroad

  • Hoparound
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27 Sep 12 #358282 by Hoparound
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I have had so much grief from my ex partner that I just want to take my 2 children and move abroad. We were together 11 years but we have never been married and we have 2children together aged 4 & 6. He is now trying to cause me so many problems and make my life a living hell. I can''t stand to be around anymore and I am more than desperate to get away. Am I allowed to just take my children and go? I could stay in the country and go far far down south but ideally I would like to go much much further away out of the eu and start a new life for us all. Please any advice would be greatly appreciated.

  • Fiona
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27 Sep 12 #358283 by Fiona
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Does your ex-partner have Parental Responsibility? To move children permanently from the jurisdiction of the courts in England & Wales you need the consent of all those with PR or permission from the courts. Even if he doesn''t have PR he could apply to court for it and you wouldn''t be able to move in the meantime.

For the courts to grant permission you would need to demonstrate that arrangements for accommodation, finances, schooling, contact and travel were well thought out. The courts would consider the contact history and whether the motivation for moving was just to frustrate contact. The judge would also consider whether the motivation for your ex opposing the move was more to do with aggression, control and the issues between parents than the interests of the child. IF no agreement can be reached it can take 9 months to a year before there is a decision.

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27 Sep 12 #358287 by Hoparound
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He is taking me to court at end of October he is trying to get shared custody but my solicitor assures me this is unlikely. Do I wait till after the court hearing then and see what is the outcome?

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