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TOPIC: Threat to move abroad with son advice please

Threat to move abroad with son advice please 4 years 10 months ago #62170

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Hi all,

Yesterday, after my ex picked up our Son from me, she passed me a letter expressing her wishes to move to Canada with our son.
A bit of background;
Our Son is nearly 3 and I have PR and a contact Order in place which she restricts as I only get time to spend with him when my shifts permit and she is at work. I was going to revisit asking for more time with him as the judge stated "This is with Flexibility on both parts" however I am looking at his best interests and not just asking for what I want (some days when I'm off work she puts him in nursery and refuses me access due to the fact he benefits from that environment) I don't dispute that so let it go.
I allowed her to go on Holiday for 3 weeks to Canada last year and she refused me a few extra days in return for the days I lost whilst she vacated.
She won't allow me to take him on Holiday or away for any period of time her reason......."She will miss him"
She lives in the same village in the UK as me as do her family who also provide childcare for us.
She has no Family in Canada nor a type of Job/Education that would provide any status in this country.
She is a very unreasonable person, I think the only reason to relocate somewhere like Canada is if she has met somebody who would sponsor her, and she can start fresh so that our Son is unable to revisit later on in his life why we split (Due to her behaviour).

Where do I go from here and how do I stop this ridiculous proposal?

Thankyou

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Threat to move abroad with son advice please 4 years 10 months ago #62173

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Hi there

I think that as you have an Order in place she would need to ask the courts permission to take him away.

You can apply for a Prohibited Steps Order to try and prevent her from removing him. If she hasn't a good reason to relocate such as a job or a long term partner that lives there then you may stand a chance.

I'll ask the Mods to get Coram to drop by and give you some clarification about your situation Captain.
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

Threat to move abroad with son advice please 4 years 10 months ago #62241

Dear Captain,

Thank you for your enquiry.

Firstly I will explain a bit about what having Parental Responsibility entitles you to. Having Parental Responsibility would mean you would have equal legal rights for your son along with the mother. In practice this would mean you would have a right to an equal say in all key decisions in your son’s life, this would include for example any medical, educational or religious decisions as well as requiring your written consent in order to move the child out of the country to reside. If you do not provide this consent the mother would need to apply to court for a Removal from Jurisdiction Order which will only be granted if it is in your son’s best interests.

As you have a Contact Order in place, the mother is also unable to move abroad without acting in breach of that order and so will be required to apply to court to discharge the contact order.

If you want to refuse consent for the mother to take the child to Canada, it is possible that further steps may need to be taken. If the matter is not urgent you may need to attempt mediation with the mother. This involves working with a neutral third party to reach an agreement about your son. To arrange mediation contact National Family mediation on 0300 4000 636.

If mediation if unsuccessful or the matter is urgent, you may want to apply to court for a Prohibited Steps Order, which could prohibit the mother from moving to Canada with your son if it is not in his best interests. The form you would need for this is the C100 form again found in your local family court or on www.justice.gov.uk the guidance form for this is CB1.

Considering the holiday which you allowed but was not reciprocated to you, unfortunately the mother is only under a legal obligation to make your son available for contact as stipulated in the order and the mother cannot be forced to allow contact outside of those times if she does not agree. It is however possible for you to apply for a variation of the contact as you expressed which could include express provisions for holidays. Again, it is necessary to attempt mediation first. If this is unsuccessful you can apply to vary the Contact Order using the same C100 form as above for the Prohibited Steps Order.
In making decisions regarding both the Prohibited Steps Order and variation on contact the court will consider what they feel is in the best interests of your son’s welfare and in order to do this they will consult the welfare checklist:

• Wishes and feelings of the child (weight given to these feelings depends on the age of the child, more weight being given to a child over the age of 11).
• Child’s physical, emotional and educational needs.
• Effect of any change on the child
• The age, sex and background of the child
• Any harm which the child has suffered or may suffer
• How capable each parent is of meeting the child’s needs.

The courts will also consider the mother’s motivation for wanting to move, the practical proposals for your son in Canada and any ties he has there, your reasons for opposing the move and whether it would detriment your relationship with your son.

There is a fee of £215 for applying for a Child Arrangements Order and Prohibited Steps Order using the same C100 form. If you are on a low income or on benefits you may be eligible for a full or partial fee exemption and should consult the fee exemption form EX160A, again available from your local family court or online at www.justice.gov.uk

Yours Sincerely

Coram Children’s Legal Centre
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Threat to move abroad with son advice please 4 years 1 month ago #70578

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Hi Guys, well the process of her emigrating has started. I attended court last week for a directions hearing.
We attended mediation in May to which I refused her proposals then unexpectedly on the 3rd of November I get a letter asking me to attend court on the 1st of December.
She's applied for leave to remove our son from the jurisdiction of the U.K. to emigrate to Canada.
She has no job, no family and planning to move 4633 miles away to Canada and be with a guy she has been with since Oct 2014, and only met on 4 occasions............lord give me strength!
I have to file my statements by the 14th Dec and I have a solicitor.

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Threat to move abroad with son advice please 4 years 1 month ago #70588

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Good luck with this - it's difficult to see how she can succeed as there is no relationship between your son and her new partner and he would be leaving everything he knows behind, and your ex is going to be paying a lot of attention to the new man.

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Threat to move abroad with son advice please 4 years 1 month ago #70590

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HiCaptain

I remembered a member that had recently posted asking about leave to remove, he is applying to resettle abroad with his children. I gave him a link to a thread on another forum about the things a parent has to prove to be successful with a leave to remove application and thought this would help you to see what points you can concentrate on to show that she has not got adequate preparation to remove the children.

www.wikivorce.com/divorce/Divorce-Advice...Leave-to-remove.html

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Threat to move abroad with son advice please 3 years 9 months ago #73930

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Well a year on, Courtrooms, Barristers and heartache, I lost.
My son is being relocated from 1/2 a mile away to 4430 miles away, to the other side of the world.
Now my ex can establish a relationship with a guy she met last year, and I lose the close relationship I have with my son.
This is so unfair that the justice system go with the wishes of the primary carer and not the non-resident parent.
My son is nearly 4 he can't form an opinion yet, I'm sure if he was a bit older things may have been different.

Good luck to all you guys fighting out there and never give up!
And thankyou for the advice and support of this forum.

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