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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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Wanting to relocate to Spain with my children

Customer Question

Myself and husband are moving to Spain with our three children but all of a sudden the childrens father has issued me with court proceedings to stop us relocating with the children what chance do u think that the judge would not let us take the children to live in Spain. Baring in mind I have full residency order and there father only has parental responsibility. he has access to the children every fortnight Friday until Sunday and he use to have them every Wednesday over night which I suspended due to the safety and well being of my children, only until he issued me with court proceedings has he wanted to now start having them on Wednesdays

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 and what contact arrangements have you offered?
Clare
Customer: replied 2 years ago.

My children are 13,11 and 7


 


contact I have offered once we live in spain are


 


skype


mobile phone contact


facebook


houseline contact


Assist in accommodation if he and his family wanted to visit also provide them with a vehicle in spain


School holiday contact the length of contact the children stay in England in the holidays is upto him and the children ( 13 weeks holidays in Spain)


we will pay 60% towards the childrens flights back to England (considering the father doesn't pay towards the childrens up keep)


and myself, husband and children will be returning back to England at least one weekend a month so the children would see there father and family then ( has my husband has two children aged 10 and 8 who reside here in England with there mother, so we will be visiting them)


The childrens father has them every fortnight at present and has only in the last few weeks started to have them on a Wednesday.


 


thanking you


 


Zoey

Expert:  Clare replied 2 years ago.
Hi
Do you have any evidence of his previous consent?
Are the children looking forward to the move?
Clare
Customer: replied 2 years ago.

unfortunately no I don't have any written consent it was verbal


and yes all of my children are looking forward to the move


 


thanks


zoey

Expert:  Clare replied 2 years ago.
Hi
When is the first hearing?
Clare
Customer: replied 2 years ago.
The first hearing was 6th march the last hearing is 10th April and I only had to write a statement of our contact proposals etc
Expert:  Clare replied 2 years ago.
HI
Has a CAFCASS report been ordered?
Clare
Customer: replied 2 years ago.

yes a cafcass report has been done and it explains that they are not able to offer robust advice in this matter

Expert:  Clare replied 2 years ago.
Hi
But a FULL report was not ordered by the court?
They just worked with the short one prepared for the first hearing?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
That could be good news
Did your ex accept that he had originally agreed?
clare
Customer: replied 2 years ago.

no he did not accept that he had agreed verbally

Expert:  Clare replied 2 years ago.
Hi
What is the exact wording of the Direction that was given with regard to your statement?
Clare
Customer: replied 2 years ago.
What do u mean? And I explained our situation work,housing accommodation,schooling etc and attached a proposal of contact to my statement
Expert:  Clare replied 2 years ago.
Hi
That is fine
It is hard to predict what the outcome is likely to be
Technically the Court has the power to Grant the Prohibited Steps Order and invite you to make a separate application to the court for Leave to Remove the Children from the UK - which will delay your move
In fact legally that is exactly what the court should do
HOWEVER it appears that the Judge is being very proactive in your case and is jumping straight to a hearing to decide whether or not the children can indeed move to Spain with you
If your ex does not challenge this (and hopefully he will not realise that he can) then the Judge will make the assessment as to whether or not this move is in the best interests of the children
You can read more about such applications here
http://www.leavetoremove.co.uk/site/the-current-law-the-basics
I hope that this is of assistance - please ask if you need further details
Clare

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