I'm hoping someone can help me! My husband's ex wants to take their child to live in the USA, has anyone been through this and would be willing to share their experiences? Thank you for any advice.
Hi there
We have had members that have faced this situation, the only way to try and prevent this would be through the courts, but he would first need to attempt mediation, unless the move was imminent, in which case he could make an urgent application for a Prohibited Steps Order and bypass mediation.
It’s generally better to instruct a solicitor that specialises in family law, there are no guarantees of success, but at least taking it to court would ensure some agreement about contact and how it might work.
The court would want to know what arrangements have been made for accommodation, schooling and whether she is financially able to support them in the US.
All the best
Thank you Mojo, he has already been to a first hearing and statements etc have been filed. He is now waiting for Cafcass interview now, she has obviously put some time in with planning a move. Her new partner is working over there hence the reason she wants to move. We are livid, unfortunately she seems to be ticking all the right boxes from what I have been reading online. It seems that the only argument that we have for hubby's child to remain here with us is that her family and friends are here. His ex has also got 2 children with new partner, we are at a complete loss. Hubby's legals have told us that her case is strong, I guess we will have to hope Cafcass see it our way.
Is the move temporary, or permanent? I ask as you mention that her partner is working over there, if he’s on a contract that has an end time, you could argue that the disruption/upheaval isn’t in the child’s best interests, if they are to return after a period of time.
There will be a few elements at play...in her favour - courts are loathe to split up siblings, if she can show a depth of planning with regard to accommodation, schooling and can demonstrate a comparable/improved standard of living... these are what could make her case stronger sadly.
Best of luck
Hi Mojo, it will be a permanent contract. He has been working there temporarily for almost 2 years and has now been offered a permanent contract that is approx 3 times his UK wage. She has put forward that he will almost certainly be made redundant should he return to his UK job and provided evidence of this to the court. She has also provided evidence of schooling, accommodation and extra curricular activities, hence my husband's lawyer's opinion. Surely there must be something in place to protect my husband's relationship with his child?
It must be incredibly hard for your partner... there is a huge amount of case law concerning external relocation, It might be a good idea if you try and find some that favours the outcome that you want... perhaps your solicitor could make something of the right to family life/Human Rights Act.
Here’s a link to an blog/article written by a highly regarded solicitor, which addresses your situation, which you may find useful.
Best of luck
Thank you Mojo, I will have a read.
You’re welcome Apple... Hope you can find something to use.
Thought you’d like to read this post, I know it’s concerned with internal relocation, but courts are directed to see both internal and external relocation in the same light.
This is an impressive result and the OP has provided case law that was used in his case.
https://www.dad.info/forum/legal-eagle/51118-internal-relocation-cases-case-law
Best of luck