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taking children abroad

  • baskey
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04 Dec 07 #8381 by baskey
Topic started by baskey
My wife has said 'we go and live in Brazil' (her country or we get divorced (we are still living here as a family)
I have said I cannot give my job up and I am not going

She wants to take our boys with her (8 and 11 years old)

I understand that I could get a prohibited steps order - but on reading info I found due to a 'Poel Case' the mothers upset at living in the UK is usually deemed higher priority and custody is awarded to the mother
This seems most unfare as the boys have been brought up here and are happy at scholl etc here.

Any advice on what I should do next, and do you think that I will loose the custody battle

  • attilladahun
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04 Dec 07 #8382 by attilladahun
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The leading case is Payne v Payne [2001] EWCA Civ 166

This sets out the criteria the Court adopts

Check this out www.familylawweek.co.uk/library.asp?i=242

I have to say that Lord Justice Thorpe hears many of these appeals and if the mother wanting to emigrate satisfies the criteria he usually allows most to leave.

Prohibted Steps be careful it may be a breach of of the Children Act to seek such an order which otherwise would have the same effect as a Contact or Residence order. Your solr may be giving wrong advice there.

If urgent you could seek an interim joint residence order with conditions ie child not to be removed from UK school till issue determined.

Age of C? If old enough say 10+ they have some input in terms of wishes

Hope that helps

  • Fiona
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04 Dec 07 #8385 by Fiona
Reply from Fiona
There is an informative article about relocation on the same site;-

www.familylawweek.co.uk/library.asp?i=3034

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