DAD.info
2 homes, one priority: your child - Join the free Parenting After Separation course
Forum - Ask questions. Get answers.
2 homes, one priority: your child - Join the free Parenting After Separation course
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

ex moving my kids t...
 
Notifications
Clear all

[Solved] ex moving my kids to america


Posts: 2
Registered
Topic starter
(@chlojosh)
New Member
Joined: 13 years ago

Hi, Im looking for info regards my 2 children from my previous marriage, myself and my ex seperated 5 years ago, we have both re married and get along fine for the sake of the children, i've always been a big part of my kids lives from birth, now they come to my house every week and sleep over every other weekend friday to monday, we do regular activities together and they holiday with me once a year, i also pay maintenance by standing order without fail monthly. My problem is that my ex now wishes to move to america and is saying she can up and go without me needing to sign anything to permit my kids to go, and that my details as a father don't need putting on any forms, i do not want them to go but i have said if they wish to go try it then my door will always be open for them, or if they choose to stay me and my partner are both happy for them to move in. My kids are 12 and 10, Her new husband is american navy and he wants to be posted back nearer home. My issue is shouldnt i as their father have something to fill in on visa forms or some similar forms?? surely being a father counts somewhere in this??

4 Replies
4 Replies
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

I have no idea on this - there isn't a court order, so I she would't be in breach. I wonder whether it would be worth ringing the American embassy to ask their advice on this. If you are prepared to let them go, it might be worth setting up skype now and getting them used to having video chats with you.

Reply
 Yoji
Registered
(@Yoji)
Joined: 14 years ago

Honorable Member
Posts: 510

Hi chlojosh,

If you disagree with your children moving abroad then your ex must have a Court Order to permit this. She needs your consent, or a Judge's consent to authorise the move on the grounds of XYZ.

You can contest the move, and also Residency as a result of this. One thing to consider is that at 10 and 12, your children are getting toward the age where they will want to make their own decisions and choices anyway. It may be worth asking them how they feel about the move. Do they/Are they aware that it will virtually cut all contact with you?

The choice is entirely yours, if you agree... a sensible thing to do is to sit down with your ex and agree a set of dates throughout the year that they can come over. I would also say, that as she is the one who is moving i'd push that she pays for the majority of the plane tickets.

If however you disagree, you will need to say you disagree and prepare a case for Courts. Writing to her or her Solicitor will give you a formal basis for your objections to the move.

Reply
Registered
(@chlojosh)
Joined: 13 years ago

New Member
Posts: 2

Thanks guys, so basically I need to speak with my solicitor and put my case forward that I disagree with what she's doing? The last thing I want is to only see them once a year, twice at best. I have them loads at the minute, I taught them both to swim and ride bikes, took them for their first days at school, all those things, while their mum stood back and did her own things. It's so unfair. I've asked them both several times if they want to go, both say no, as all their friends and family are here, my lad goes to my parents house daily on his bike on route home from school.
Whenever I challenge her for info regards the move it creates massive friction and she will go out her way to ruin my time with the kids, ringing to offer them things, treats or money and days out that never materialise. I recently had one of the usual calls off my daughter, asking to move into mine after yet another fight with her mum, I went round to pick her up, and rightly or wrongly I recorded the event on my iPhone, recording a torrent of abuse against me and my daughter, them locking her in the house, I had to keep my calm and walk away, I managed to take my son for a night out the way, if they move abroad I won't be there to help.

Reply
 Yoji
Registered
(@Yoji)
Joined: 14 years ago

Honorable Member
Posts: 510

Hi chlojosh,

Yes, definately.

Given your disagreement, she must approach the Courts to have permission to move. This of course will involve a CAFCASS interview of the children. Their views/wishes will be within the CAFCASS report. A sensible Judge would seriously consider these.

You should be approaching it from a few angles. Residency, is something that you should be considerate of, their position and views and finally how you would support contact with their mum plus maternal family. Your Solicitor will probably advise the same. But as with any of these types of cases it is usually extremely difficult to have a transfer of residence awarded.

You've mentioned in pro: your current regular contact, friends, family (visiting nan), schools etc. If applying for Residency, these are things that are useful to be raised. (As an example).

The fallouts, although painful can be quite common between mums and daughters. Not being derogatory, but girls are far more hormonal and difficult to deal with aged between 9-14.

Reply
Share:

Pin It on Pinterest