[Solved] Mother applied to remove my son out of the UK. I have not legal help.
Hi all and thank you for accepting me to the forum. I am a father of 3 children. Two are from the previous relationship and I have full custody over them granted by the Courts. Into my second relationship with a Portuguese mother, we have a 2 year old son. She has left the home and sought separation. Now the mother has applied the Courts to take/remove my son permanently from the UK to Portugal. Mother has submitted C2 form.
Reasons for removing child from UK to Portugal:
Mother has a job offer in Portugal
Mother wantsnto continue further education in Portugal
Mother says itnis good for her son yo luve in Portugal insteead, and not here.
Our son was born in the UK and has Portuguese nationality. However he is a british national as I can register him as british national too.
How can I approach this and what help can I get please please please. I have a hearing next week.
I would contact the coram childens legal centre to get some legal advice from them - https://www.childrenslegalcentre.com - this is more complex than usual as there are different nationalities involved. I would certainly put, amongst other arguments, that she will be splitting up siblings by moving over there
She will have to show the court that she has thought seriously about how contact will continue, if they allow her to leave. She will need to show the court that she is willing to make sure that he continues to have contact, is she willing to return with him, how often?
I would concentrate your case on the impact it will have on your son being separated from his two other siblings, try and show the court how close they are.
Does he have close relationships with your family? How often and how much time does he spend with you and his siblings?
You would also want to know what arrangements she has in place for accommodation and child care whist she’s at work. If she wants to leave him with family, how well does your child know them. Are here family here? Would she have any wider family support if she’s is allowed to leave?
You would also want to know what financial arrangements she has in place to support them both on arrival.
Does your son speak Portuguese? Does he have any health issues that he needs care for... try and think of all the reasons why he would be better to stay here.
It might help to prepare a brief two page statement to ask these questions and to give reasons why you think he would be better here with you and his siblings.
Here’s a link to the Families Need Fathers website, where you’ll find details of meetings nationally
You will get face to face support from other members.
Best of luck