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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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Dear Sir or Madam, I am a single parent with an 11 year old

Customer Question

Dear Sir or Madam,
I am a single parent with an 11 year old son. His father and me separated 6 months after my son was born. My son has always lived with me. I never prevented his father from seeing him, in fact, it was me, who has arranged for my son to stay with his father once a week, which normally means picking him up around 6pm and dropping him to school the next morning. Due to a change of work and my mother fallen sick, I would like to relocate back to my home country (Germany). To be able to enroll my son into a school and make decision regarding health and education, I will need to be able to show that I have sole custody / guardian ship. I wish to get sole custody causing my son the least trouble possible. Is there any way I can avoid going to court?
Thanking you in advance,
Kind regards
A.
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.
Were you married to the father?
Which year and month was the child born and is the father named on the birth certificate
Clare
Customer: replied 2 years ago.

Dear Clare,


Thank you for your response.


My son was born in April 2003. His father is named on the birth certificate, but we we never married.


 


Kind regards,


A.

Expert:  Clare replied 2 years ago.
Hi
Will his father agree to the move?
Clare
Customer: replied 2 years ago.

I don't know. I haven't told him yet, as I'm worried about his reaction and wanted to get information about my rights first, e.g. would I get sole custody, could we leave even without the father's agreement.

Expert:  Clare replied 2 years ago.
Hi
What arrangements will you make for ongoing contact?
Clare
Customer: replied 2 years ago.

I thought my son could visit his dad during school holidays or long weekends and would also suggest to his father that he could visit us in Germany when he wants to (providing he gives us prior notification re dates).

Expert:  Clare replied 2 years ago.
Hi
At present you alone have Parental Responsibility for your child so technically you do not need his permission to leave the country.
You alone have parental responsibility because your son was born before December 2003 and you were not married to his father
HOWEVER the fact that your ex has regular contact with his son means that the court would grant your ex Parental Responsibility - and an Order preventing you from leaving the country without his permission or an order from the court.
They would be even more willing to do this as a matter of urgency as Germany has a very bad record when it comes to respecting the provisions of the Hague Convention on Abducted children
Accordingly it would be sensible to discuss the move with your ex
If he will not agree then you may need to apply to the court for permission to take the child to Germany
You will need to show where you will live where the child will go to school, what support system is in place and how you will maintain contact (Skype paying air fares etc)
Your son's wishes will also be important.
Given that you are going home you have an excellent chance of success - you can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Clare,


 


thank you very much for your help.


Is there anything in writing I can get to prove that, as per your reply, I have sole parental responsibility?


The school in Germany is asking for that.

Expert:  Clare replied 2 years ago.
Hi
This may assist
https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility
Clare
Customer: replied 2 years ago.

Thank you for all your help.


 


Kind regards

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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