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I have a complicated situation and will stick here to my immediate dilemma. There is a similar posting about ex moving with child to America and I have a comparable situation and would like some clarification if anyone would be kind enough to share.
My ex-wife has got a job in the States. She wants to take my son and for him to visit in the holidays. Is it correct that to take him out of the country she needs a transfer of residence to be issued? Since the divorce it has been absolutely 50/50 sharing time with my son. My son is very, very settled in the UK, happy at school, and has new siblings whom he loves from my new marriage.
Also, to get a child his American visa, would I, as his legal father, not have to sign something.
Thanks for any help. There is a lot more detail to this but this is my current concern that I really need clarification on.
Hi Aung,
Sorry to read about your situation, it must be very worried at the moment regarding your son's impending move to the states. I will ask the Coram Children's Legal Centre to pop by and offer you some of their excellent legal advice.
Gooner
Hi Aung
I would ring the American consulate to see if they can answer your question about the visa, and it might be worth asking them what the situation would be if the question of residence hasn't yet been determined by the courts in this country (in case you decide to go for a residence order)
Hi,
Just to add a little, if she is planning on leaving the Country and you are not consenting to this, she will need a Court order. In addition, given your position as having siblings for your child, 50/50 Shared Care, school, friends and immediate family nearby a Court would view this very carefully, as they are now being separated from additional family and also completely uprooted...
How old is your Son?
If you feel you do want to contest the move, and want to apply for Residency, post back and we can give some good solid pointers.
Thanks for the very helpful replies. I have now seen a solicitor and the replies I got here, plus from reading similar situations on this forum have been absolutely so helpful. The botom line seems to be that no, a child cannot simply be taken from the UK if one of the parents gets a job elsewhere. I'm writing this to alert other fathers who might be in the same situation and read this at some point. I still have a long process to go through but am now very optimistic. I don't think the courts will sanction a move away from a settled environment.
All the best to all.
Dear Aung,
It seems you have a solicitor dealing with your case now. Due to this we are unable to provide any further advice.
If your situation changes please contact us.
If you have any further questions please contact us again via our webchat facility. The link to our webchat is http://www.childrenslegalcentre.com/index.php?page=web_chat.
Yours sincerely,
Coram Children’s Legal Centre
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