Hello
I write the following with a heavily conflicted heart.
I am going through a divorce from my wife ( who is originally from Colombia). We have 2 children , a boy who is 2 and Daughter who is 6.
To say that the ex is unreasonable would be an understatement of the highest order. She exhibits all the attributes of being a narcissist if that helps explain where I am coming from.
The long and short of it is she does not work ( which was a unilateral decision and not agreed together as a partnership) and is using that to her advantage in financial settlement negotiations.
Furthermore it took several months to get her to engage in the process of negotiating , I initially tried to go down the route of mediation but this proved futile as she refused to engage in this process also. Thus leaving me no option but to seek the legal route.
She currently resides in a property that I rented for them and pay all the bills and pay for food etc. This leaves me currently residing at my parents.
I work long hours and have a 3 and half hour round trip commute on a daily basis. I see the children when I can during the week and when I Work from home and at least one day over the weekend.
She has now decided that she wants to move back to Colombia with my children. My solicitor advised me to seek a PHSO to ensure that the court cant hear the arguments before making a decision and allowing her to leave with my children.
Everything that I have read on the subject of both financial settlement and child arrangement order where a request to take the children abroad is granted tells me that all I am doing is fighting a battle that i will inevitably lose and at considerable cost.
Bearing in mind that she has not contributed a penny to the joint assets ( even before the children were born) I have paid for everything. I would question how taking the children away from their father to a country like Colombia would be beneficial to them?
Does anyone have any words of advice or magic ideas to turn the tide in my favour?
Hi,
Please have a read, important case law and info about child relocation: https://www.stowefamilylaw.co.uk/blog/2011/04/15/external-relocation-when-a-parent-wishes-to-move-overseas-with-a-child-what-rules-apply-by-laura-guillon/
@bill337 Thanks Bill
So what I can determine from this is that Payne v Payne makes it highly likely if we continue down the court route then I will end up losing my children.
Not happy reading but very useful to know at this stage.