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I was wondering if anyone had any information on this issue or some links that could help with information in regards to my boyfriend and his rights to see his daughter (in case you were wondering, I'm asking for him as his computer's broken down and he's not the most techno-savy, especially on an ipod. Plus it's hard to know quite how to help and support him in this situation).
His ex wife, who he has always been on very good terms with, has just split with her long term partner and has decided that at the end of next month she's going to move herself and their fourteen year old daughter back to a middle of nowhere retirement village in Australia, where they're both from, and where the daughter was born, and where they lived for the first five years of her life.
Although she lives in Edinburgh and he in London, he is extremely involved in all and every aspect of her life, they see each other as often as possible and talk to each other every day. He's never been late or careless in any way in regards to paying maintenance.
The question is can she legally do this? Despite being in good terms, his ex wife comes from a place of emotional instability and history has shown that once set on a course she is almost certainly not going to change her mind regardless of who it hurts, and without prattling on with all the details, even putting aside the fact that she'll barely see her father, there really is no part of this decision that wouldn't be detrimental to his daughter and her development.
It seems unlikely that she would be able to leave in this way but I wasn't sure if the fact that they were all born and lived in Australia would affect that.
Any information or links on any of this would be really helpful- never having to have to deal with any of this, I'm having trouble trying to find information, including where to go to speak to a solicitor or other legal aid if you're not swimming in cash.
Thanks everyone.
i would guess you'll be needing to look down the route of a Prohibitive Steps Order.
you'll find some information on them here: http://www.thecustodyminefield.com/mobile/prohibitedstepsorders.html
As they're in Scotland, get in touch with the Scottish Child Law Centre - www.sclc.org.uk
It may be worth him trying to go for a chat with her though - this may be a knee-[censored] reaction to the circumstances she's in, and with a bit of time, she may see that it is in her daughter's best interests to stay where all her friends are now.
Thank you both for the links, he is trying to approach her with compassion and understanding about the situation. I hope she'll realise what a selfish decision it would be and will change her mind, but apparently she's very prone to these knee-[censored] reactions and has always seen them through, so it's a case of making sure we know what options there are to put a stop to it if she refuses to listen to reason.
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