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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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at what age can the PWC take a child to move abroad permanently

Resolved Question:

at what age can the PWC take a child to move abroad permanently without the consent of the NRP who also has parental responsibility?
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
Once the child is 16 there is no court action that can be taken to prevent the move.
At any point before then the PWC would need to obtain an Order from the Court if the other parent did not consent to the move
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Thanks for your answer. The issue is further complicated as the PWC wishes to move abroad with one child, aged 16, but wants to leave his sister, aged 14, here in UK at boarding school in the care of friends during the weekends.


 


Can I object to the PWC leaving UK on this basis? Does the PWC need my permission to leave one child here, effectively alone, and does the PWC need my permission before being able to designate a guardian?

Expert:  Clare replied 3 years ago.
Hi
Do you wish to have the 14 year old in your care?
Clare
Customer: replied 3 years ago.

yes,but the PWC has not allowed me any contact for many years. I don't see why so called friends should be allowed to look after my child before me though.

Expert:  Clare replied 3 years ago.
Hi
When did you last see the 14 year old and have you ever applied for contact?
Clare
Customer: replied 3 years ago.

Jan 2005, when the kids announced that "mummy says we have a new daddy now". The mother then made up what were proved to be totally false allegations against me, and refused me any further contact. I have applied for contact twice since, (a lengthy process as I am sure you are aware), and the mother has always refused, making up more stories, and in the end I realised it was hopeless. It has never suited the mother to have me in the kid's lives.


 


 


 

Expert:  Clare replied 3 years ago.
Hi
On what basis with the child stay with friends?
Clare
Customer: replied 3 years ago.

I have no idea. The mother has refused to give me any information. She has never given me any info regarding the kids unless threatened with a court order, stating it is none of my business what they do. I only get contacted with demands for money/school fees etc. Incidentally, when she chose a very expensive boarding school for one child, I disputed her choice and took her to court and the judge ruled in my favour, reminding the mother that I had PR and my consent was needed to choose schools, regardless of whether I had any contact with them.


 


I have just been told he will be staying with "family friends". I do not even have their names.


 


On a further point, the mother has stated that both kids will attend uni in the US, where the fees are extortionate. Will I be liable to contribute to these, even though it is their unilateral choice to move to US and incur these huge fees? Had they remained in UK, the fees would be a fraction of those in US.

Expert:  Clare replied 3 years ago.
Hi
Once she leaves the country you are the only one in the country with Parental Responsibility and the only one entitled to have the child in their care.
I would suggest that you apply to the court for a Specific issue Order for the disclosure of the arrangements that have been made for the care of the child
Alternatively if you wait and simply go and collect the child from school no one could stop you 9although it may not be popular with the 14 year old.
You may be liable for maintenance whilst they are at University - but not for the fees
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Thanks for your help. Just one more quick question, why would I be liable to pay maintenance whilst my child is at uni but NOT liable to pay the university fees?

Expert:  Clare replied 3 years ago.
Hi
Your child will be able to apply for maintenance - and what he used that to pay would be his choice - BUT the fact that he has chosen to be educated abroad will not mean that you have to bear the extra cost involved
Clare
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