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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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I am a british citizen and I am marrying my Canadian boyfriend

Customer Question

I am a british citizen and I am marrying my Canadian boyfriend in september. I would like to stay on in Canada for 6 months after I am married with my children. My only problem is that of the childrens father. Can he stop my children from going?? What do I have to do?? He is on their birth certificate. And see's the children once a fortnight. If he takes me to court does he have a good chance at stopping me and my children living in Canada?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
How long does he see them for each time?
Clare
Customer: replied 3 years ago.

hi Clare, In september when I marry my children will be 7 and 5. Their dad will see them every other sunday from 8am until 5pm. That is it.

Expert:  Clare replied 3 years ago.
Hi
Will you be returning to the UK after the six months or are you intending to actually emigrate?
Clare
Customer: replied 3 years ago.

i intend to emigrate.

Expert:  Clare replied 3 years ago.
Hi
Even for a short trip you will need wither his agreement or a court order - unless you have a residence order and will be away for less than 28 days
To emigrate you will need either the agreement of the Children's father or an Order of the court to do so
You will have to prepare a file for the court showing where the children will live and go to school an dhow their care will be funded.
The Court will wish to know what support systems there are for you over there - and what would happen if you new relationship broke down
You will need to show what you will do to maintain their relationship with their father (skype telephone etc) and how you will fund travel for face to face contact in the holidays
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
Please ask if you need further details
Clare
Customer: replied 3 years ago.

so If I went to Canada in september got married, submitted my paper work and came back to the uk within 28 days, I do not need his permission? I could fight this while my residency was being processed. what kind of things would support my case if I need to go up in front of a judge??


 


My sponsor... My husband to be; owns his own business, ons his own house, lives across the road from a school and could financially support us until I was able to work.

Expert:  Clare replied 3 years ago.
Hi
Do you actually have a Residence order in respect of the children?
Clare
Customer: replied 3 years ago.

When we put in the paper work it will be for me and the children. I actually spoke to a school in canada yesterday who said that if I stayed on for the 6 months with a receipt of the payment we made for our papers the children could start school straight away.


 


No I don't have one. I was advised to get one when my ex first left but i didnt. coud i still get one??

Expert:  Clare replied 3 years ago.
Hi
No you cannot get one now - so you will need his permission to take then to Canada even for a holiday
Your leave to remove application is likely to take between three and six months
You will find that the canadian Authorities will not process the Children's application unless you have thir father permission or a court order
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

so If my ex gives me permission will i stil need to go to court or can i just get the permission letter notorized

Expert:  Clare replied 3 years ago.
Hi
No if he gives permission in writing then that is all that is required
Clare