[Solved] Ex trying to emigrate with son

Hi Fredd

As you don't yet have a solicitor, I'll ask the CCLC to pop on and give an opinion on this, so keep checking back.

Dear Fredd

Thank you for your post.

It is firstly important to establish whether you have Parental Responsibility for your child.

You would have this if:

• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court

Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child. If you do have Parental Responsibility, your consent will be needed for a removal from the jurisdiction.

If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:

• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.

The first stage that we would suggest you attempt with your ex partner is mediation. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding . To arrange mediation please contact National Family Mediation on 0300 4000 636.

We would advise that if mediation does not work or if you feel that the mother will remove your child without your consent,thatt you consider applying to the Court for a Prohibited Steps Order. A Prohibited Steps Order would be an Order prohibiting your ex partner from removing your child from the jurisidiction.

To apply for a this Order you would need to complete a form entitled a C100. This form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled
EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant a Contact Order.

a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

Thank you for your prompt reply - it was very helpful.

Firstly I should have said before - I do have parental responsibility as my name is on my son's birth certificate. Is there any point in applying for a Prohibited Steps Order in this case as I am under the impression that she is not allowed to leave the country without my consent? Having said that she did disappear to the other side of the country without informing me of her itentions or whereabouts. I had no contact with my son for about 3 months.

Is the Welfare Checklist something a court would use in order to decide whether a parent should be allowed to emigrate with a child? I am at a loss as to what the courts would accept as a good reason for my son to remain in this country. Everything I have read so far seems to lean towards the parent wanting to leave this country in order to join their family/take up a new job abroad. Are there any websites (or other sources of information) that offer information about the outcomes of such applications?

Many thanks,
Fredd