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Taking the children out of the country long term

  • cavviecath
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30 Jan 08 #12353 by cavviecath
Topic started by cavviecath
My partner has sole custody of his 2 children with his ex-wife (1 child is his, the elsdest isn't) which was done through the court. His ex has made no effort to see them (she didn't even show up for the custody hearing) and has made no financial contrabution as the CSA don't seem to be able to get her to pay any (she is on benefits). How long does my partner have to wait until he can take the children out of UK to live without her consent (we know she wouldn't give consent)

  • Fiona
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30 Jan 08 #12356 by Fiona
Reply from Fiona
There is no time limit, if the mother won't consent then your partner will need to apply to Court for leave to remove the children permanently from the UK. The Court will need to be satisfied the proposal to relocate is both reasonable and practical.

This would normally include ensuring continued adequate contact with the other parent. Also under consideration is children's welfare, the children's wishes (according to their age and maturity) and that motivation for the move is genuine.

  • bitterlemonjuice
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23 Feb 08 #14855 by bitterlemonjuice
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I am doing just this right now and have yet to break the news to my ex husband. We are moving away and I doubt he will agree but have been told by my solicitor that you need to have reasonable grounds to take the children away. He has stopped paying school fees despite them being privately educated for the last 8 years and has left me with insufficient money to pay them or indeed to fund a property in this country. He is buying new cars, houses etc and we are living in a 2 bedroom flat which is borrowed!!

I am moving out of the country to get a better life for me and my children and also to continue to privately educate them and be able to afford to live! I may have to go to court, but I am planning to leave in the next few weeks and have been waiting for him to sign the divorce, so at least we have some money. Watch this space as |I plan to tell him soon!

  • attilladahun
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23 Feb 08 #14860 by attilladahun
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The principles are set out in Payne v Payne

Case report is here:

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

  • bitterlemonjuice
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23 Feb 08 #14861 by bitterlemonjuice
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Thank you for that....I have read with interest. Hopefully my ex will realise that I doing the best for the children and I wold never stop access and would actively incourage him to continue to see them whenever he wanted to. In time I hope he will accept the situation.

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