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Ex-wife moving children to France

  • Confused67
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14 May 12 #330519 by Confused67
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I am not sure about that.
I was thinking that since she has no income at all but my child care payments, she would be eligible.
Truth of the matter is that I deo not care but she keeps bringing this up whenver I try to find a way for us to get this sorted out.
I am at wits end.

  • TomAdams
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14 May 12 #330534 by TomAdams
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Confused. Unfortunately you need to prepare for the worst.

If she follows the correct channels and applies to take them out of the UK, then after a court appearance it is very likely that she will be granted permission.

As unjust as that is the courts see it is as an infringement of the womans rights to confine her to living in the UK.

Most likely your children will now be moved to France and it will be increasingly difficult for you to maintain contact with them.

This is one of the biggest injustices in the current law but the only thing we can do as men is to "suck it up".

The reality is that your ex is now divorcing you from your children. You can spend thousands to frustrate her in court but you most likely cannot stop it.

If you do as I did, then you accept your fate and move on and put up minimal resistance.

My wife was offered a job in Sweden last summer but because I stopped fighting her she took another job in the UK which means my family now at least get to see the children. I walked away after realising that by pushing for contact, she would just quit the UK.

  • Fiona
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14 May 12 #330541 by Fiona
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I''m confused, you say you have shared custody and she has residence. The terms "custody" and "access" were replaced with "residence" and "contact" some time ago. Residence can be in favour of one parent or shared by both.

What is the current contact schedule and are there any court orders?

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14 May 12 #330542 by TomAdams
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Fiona whatever the contact, the moment the ex applies to move overseas you might as well rip up those court orders.

You can spend your life savings to get contact with your children but then the court will do nothing to stop the ex moving the children out of the UK to an area where contact is then unenforceable.

In short.... She is taking your kids. You are well and truly shafted by the UK family courts.

As a man you have no rights

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15 May 12 #330546 by Fiona
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When parents share care the court may refuse leave to relocate (eg Re: Y[2004] and Re: K[2011]) or decide it is less disruptive to education, friendships and relationships with the extended family to stay in the UK with the parent remaining here. There doesn''t need to be 50:50 SRO, when the de facto arrangement is substantial shared care the courts may decide it is more beneficial to children to refuse permission to leave.

In Re: K the parents shared care more or less equally during the day and the father had overnight contact 5 nights a fortnight and leave wasn''t granted. Also there are local differences. Apparently in some areas the courts are granting leave to remove less frequently.

  • DrDaddy
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15 May 12 #330547 by DrDaddy
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TomAdams wrote:

Fiona whatever the contact, the moment the ex applies to move overseas you might as well rip up those court orders.

You can spend your life savings to get contact with your children but then the court will do nothing to stop the ex moving the children out of the UK to an area where contact is then unenforceable.

In short.... She is taking your kids. You are well and truly shafted by the UK family courts.

As a man you have no rights


The system is clearly unfair; however, I feel that you may be overstating the situation somewhat, and that this might upset the OP unnecessarily. I have certainly seen cases where relocation has been refused, anyway.

  • AbsentFather
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15 May 12 #330578 by AbsentFather
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90% of requests to leave the UK are granted.

You would need shared residence or at least to show a history of consistent and meaningful contact with the children to stand a chance of convincing the judge that the children will suffer as a result of the move.

The legal profession will always try to convince you that every case is worth fighting (they need to pay for their childrens expensive private schools) but some times a healthy dose of reality is what is needed.

The good news is that once the children are in France you can apply to the French courts for contact. The whole family law in France is decades ahead of the UK and fathers are given far more rights than their UK counterparts.

The UK law is a disgrace. Contact your MP and make them aware of your case and tell them to lobby for change. This court sanctioned child abduction is no way for a fair society to operate.

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