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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Do I need my husbands permission to emmigrate to france with

Resolved Question:

Do I need my husbands permission to emmigrate to france with our kids and would it help my case if I remarried my french partner when my divorce is through? thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How old are the children?
Claire
Customer: replied 3 years ago.

Hi Claire, thank you for your reply, my children are 12,7, and 2. I was married to my husband when I had them, he also has regular contact, agreed between ourselves, not through a solicitor, divorce proceedings have not yet started, on my to do list !! many thanks


Jude

Expert:  Clare replied 3 years ago.
Hi Jude
How regular is the Contact?
Claire
Customer: replied 3 years ago.

Hi Claire


They stay with him one or two nights a week


Jude

Expert:  Clare replied 3 years ago.
Hi Jude
I am afraid that you do indeed need either his agreement of an Order from the Court to allow you to take them to France permanently.
Whether you are married to your new partner or not will not necessarily effect the outcome although the length of time you have been together will.
You will need to show where the children will live and go to school and how YOU will finance their contact with their father if the move is made
You can read more here
http://www.leavetoremove.co.uk/site/the-current-law-payne-and-developments
It will not be an easy application I am afraid
Claire
Customer: replied 3 years ago.

Hi Claire


thank you so much for your reply, do the courts generally favour that the kids should stay with their mother if they already live with me and if not would it then turn into a custody battle as I don't think he would want them permanently? Also does the fact that france is a non speaking english country go againest me ?


thanks again


Jude

Expert:  Clare replied 3 years ago.
Hi
I am afraid that it is not a matter of who they live with - but where they live - and the language spoken will not be a major factor
Claire
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