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Nicola-mod
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Category: Family Law
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Experience:  Moderator
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Hello. My son has teo children with his partner,aged 5 and

Customer Question

Hello. My son has teo children with his partner,aged 5 and 3. They split up 6 months ago but remain fiends/very close. Myself and my HB are particularly close to the boys and always provide for them and look after them.
I have recently found ou through my daughter they my d-in-law is planning to move to spain next year with her mother and new husband. She has not mentioned this to me, although we too, are very close.
Obviously my son knows nothing. My question is: is she allowed to take my two grandsons and my son would have no power to stop them moving there?
Apparently my D-In-laws mum is going to look into the legalities o make sure my son has no power to stop the move abroad...can you help? (my sons surname is XXXXX XXXXX birth certificates and grandsons surnames are XXXXX XXXXX Coombs)
regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes, please find out the answer asap.


Thanks Denise


(plus I have already paid for this service / question.


regards Denise.

Expert:  Nicola-mod replied 3 years ago.
Hello Denise,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you.
In fact his partner has no right to permanently remove the children from the Uk without their father's agreement or an Order from the Court.
If she does attempt to do so then your son will be able to apply in Spain for an Order that the child is immediately returned to the UK whilst their long term care is concerned
The court will not easily agree to the permanent removal of the children in the circumstances that you have described - but you can learn more here
http://www.relocationcampaign.co.uk/
I hope that this is of assistance but please ask if you need further information
Claire
Customer: replied 3 years ago.

Thank you Claire, so the mother has absolutley no right to move to spain, even if it was said to be 'temporarily' wihout my sons say-so??


How about us as grandparents?? do we have any rights at all.


 


Thanks so muc, worrying myself sick about this.


regards Denise.

Expert:  Clare replied 3 years ago.
Hi
That is correct - she cannot take them out of the country at all without his agreement or a court order
Grandparents as such have no automatic rights to contact as they are generally expected to share the parents contact - and they certainly have no right to stop a move abroad
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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