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I have 2 fantastic sons 7 and 12 who I have seen regularly every fortnight and in summer/school holidays without missing one day for the last 18 months.
I was unfortunately made unemployed in January and therefore have struggled over the last few months - however I have received a job offer for me to work in either Belgium or Jersey but would mean I would have to live there. I have spoken with my boys in depth about this and they themselves are really excited for me and for themselves.
I explained this all carefully to my ex wife a few days ago and got the "oh no your not" email that I kinda expected. Basically she is saying that there is no way on this planet that she will allow the boys to travel overseas for access - which in all honesty is 45 mins to Jersey and 1.5 hours to Brussels - even if I come back to the UK on my weekends etc and take them there and drop them back.
I desperately want to have access to my boys but financially I cannot afford to not take these jobs as the UK market is not doing well and by earning overseas with appropriate accommodation would be fantastic for them.
Simple question - can my ex wife stop me taking the boys to my residence during my weekends access.
I was on the birth certificate and have full PR. Is this a court action route as mediation in the past has not been good.
Hi clavinova,
Congratulations on the job!
I would suggest mediation in the first instance and offer it to your ex in writing. Do you currently have a contact order in place or is this an arrangement that you came to independent of the courts?
I think you may ultimately need a court order, but I can't see any reason why a court would refuse your application.
FM '70
Tks for the quick reply. Contact has been arranged outside of court so I do not have that to fall back on. Mediation will not work with ex - she is not the mediation type unfortunately.
Hi
I'm afraid that you are not able to take the children from the country without your ex's permission at the moment. You are looking at going to court for specific issue order if you want to take them. I'll ask the CCLC to pop by and give some advice.
I understand your view on mediation, but a court will expect you to have at least tried and it's always best to have some evidence to support that. So, just cover yourself in that respect, I would write to (or email) your ex and give her 14 days to respond. If she says no, or fails to respond, then you can move forward with your application for a specific issue order.
If you choose to represent yourself it will only cost you around £200 for the court application. For further advice and information I would take a look at Yoji's guide to self representation at the top of the Legal Eagle forum.
FM '70
Dear Clavinova
Thank you for your enquiry. From the information you have provided we can see you do have parental responsibility for your children as you were married to the mother and also named on the birth certificate, you therefore have equal legal rights over your children along with the mother in regards to this matter.
We would advise that you firstly initiate mediation with the mother in regards to the contact issue present. Mediation is where a neutral third party would assist you whilst you try and negotiate an amicable agreement with the mother. To arrange Mediation please go on the National Family Mediation website http://www.nfm.org.uk/home or contact them on 03004000636.
If however mediation is unsuccessful you can as a final resort apply for a Contact Order. A Contact Order can be applied for through the following process; an application can be made by filling out a C100 form. This form can be obtained through a Local Family Proceedings Court or through the www.justice.gov.uk website.
You will also be required to attach a £200 fee to this form, once you have filled in the application and attached the fee please hand the form to the Family Proceedings Court closest to where your Children reside. Once you have filed your application, you will then be contacted with a hearing date. In regards to the £200 fee you can fill out an EX160A form to check your eligibility to a fee reduction or a complete exemption from paying.
If you have any further questions please contact us again via our webchat facility. The link to our webchat is http://www.childrenslegalcentre.com and can be accessed Monday to Friday 9am-6pm. Alternatively you can contact us on our freephone advice line which is 0808 8020 008 and available Monday to Friday 8am-8pm.
Yours sincerely,
Coram Children’s Legal Centre
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