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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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We are getting divorced.

Customer Question

We are getting divorced. My husband is British and I am finish, we have two children. I want to move back to Finland with the children after the divorce, can I do this? The children have dual citizenship. The children are 6 and 4years old.
Submitted: 4 years ago.
Category: Family Law
Expert:  UKfamsol replied 4 years ago.
Hello and thanks for your question.

Your husband whether or not you have divorced him, has parental responsibility for the children, (as a results of having been married to the mother of his children) and therefore has the right to be involved in all major decisions in the children's lives. Taking the children to live in a different country counts as a major decision in their lives. You therefore need either the consent of your husband or permission from the court.

If your husband does not consent and it does get to court, the court will want to know information such as:-
- the reasons for the children's move
- where the children would be living in Finland, and with whom
- what sort of accommodation that was
- which school the children would go to
- how you would support yourself and your children in Finland
- Very important - how you would maintain the children's contact with their father eg via email, skype, telephone, regular visits to the uk? etc etc
- Given their ages, the children's wishes and feelings would not be a big factor for the court.

The court would also ask your husband why he is objecting, so that the court could assess whether his objections were reasonable or just out of spite.

It might be helpful to discuss things with your husband as soon as possible with the help of a mediator. Mediation involves a round-the -table discussion with a trained neutral mediator. You can self-refer or your family law solicitor can refer you. Here's where to find a local family mediation service:-

http://www.familymediationhelpline.co.uk/find-service.php

If the issue does go to court, I would strongly advise getting face-to-face legal advice from a specialist family law solicitor. Here's where to find a good solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.

I hate to specify - but please rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes....
Expert:  UKfamsol replied 4 years ago.
Hello again

I see you've had a look at my answer but not accepted it.

Is there anything you'd like further clarification on? Or anything in your question you feel I haven't answered?

Let me know and I'll do my best!

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