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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, myself and my partner (soon to be husband) are wanting

Customer Question

Hi, myself and my partner (soon to be husband) are wanting to emigrate to America in approx. 2 years time. I have a daughter to a previous partner. She is 9 and has lived with me since she was born. After a few messy years she now sees her dad every other weekend and there are no real issues. Obviously I want her with us and she is on board. I have not talked to him regarding this yet but I have a feeling that he may oppose it and I will require a court order. We want to go so that we can provide a better life for us all. My partner has a chance of a possible job earning approx. £60k p/a & I have worked in banking for the last 10 years so my plan is to help us all settle in for the first 6 months and then look for a banking job after that. We would definately like to keep the contact with her father & would agree to paying for her to fly home every summer holiday & if necessary every other year for christmas until she was 16 and old enough to decide for herself what she wanted to do. Her father does not work & we would definately be able to provide a more secure upbringing. If I had to go to court regarding this what would be my chances of winning the case & what factors would they consider most important?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist but will need some further information first.
What support network would you have as a family in America?
Claire
Customer: replied 3 years ago.

Hi, my partner's aunt/uncle & cousins live there & they are the ones who have a job for him....

Expert:  Clare replied 3 years ago.
Hi
The fact that there is family support there is a definite plus and will enable you to gather all the necessary information together about
Where you will live
Where the Child will go to School
How medical costs will be covered
What would happen in the event of the illness of your husband
Long term details about immigration status in the UK.
How you will maintain contact between the child and her father - and how you will fund it
You will also need to explain what would happen if permission was refused
The current leading case is set out here and is well worth reading.
http://www.bailii.org/ew/cases/EWCA/Civ/2011/793.html
and frankly there is no way of assessing your chances without considerably more information as matters are so finely balanced
I hope this is of assistance - please feel free to ask for further clarification or information
Claire

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