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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hi Im a single mother of 3 and half year old boy, he has

Resolved Question:

Hi I'm a single mother of 3 and half year old boy, he has had regular!ar contact with his father and his father has paid maintenance very week since he was born different amounts that have risen with his wages. My family are moving to France soon and I would love to move with them with my son, we spoke to my sons father about it 6 months ago and only 2 weeks ago he agreed that he would let our some go to France too on the grounds that he knows the addresses of our homes and school and term times dates. We agreed that he could choose a time for Skype contact every evening that doesn't coincide with school or bedtime and that he can visit when ever he likes and we will accommodate him and I will travel back to uk once a month to bring our son to see his fathers family if his father visits us in France at least once a month. Now he has said he won't agree to the move unless I bring our son back to uk every two weeks to visit him and he won't come to France to visit his son. I don't no what to do I need my family as I don't have anyone else in my life except my son. I don't want to take his fathers rights away from him as my son needs a father in his life, I am willing to travel once a month for visiting if he is willing to do it too am I being legally fair?
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi thanks for your question, I will assist you.

I can see that you have done all you possibly can to try and make this easier for the father and taken into consideration all possibilities to ensure contact and a relationship is maintained, something not all mothers do.

If he will not agree and you consider his terms to be unreasonable, then you need to apply to Court for permission to relocate. If not, the father could make a complaint that you have abducted his child. To apply you need to apply for a Child Arrangement Order (as per April 2014 - changed residence and contact orders).

If there are well thought out plans, with good reasons given to the Court for relocation, they will generally allow relocation.

When considering relocation applications the Court will consider all aspects of the child's life. The Court will hear evidence as to the child's educational progress, family and support network, activities that they are involved in along with the impact of losing contact with the wider family. Consideration will also be given by the Court as to what more could the one parent offer the child if they continue to reside in this jurisdiction. If the child is to remain in Europe where the country has signed up to the appropriate conventions, there will be certain protection and enforceability of orders for contact.

Although whilst there is no presumption in favour of allowing the child’s primary carer (you in this case) to take the child abroad, in most cases the application is successful.

I would suggest that you advise the father that his option of you returning twice a month is unreasonable both in terms of financial aspects and, of course, you and your son settling into a new place and that you consider you have been more than reasonable. If he does not agree then inform him you will make an application to Court for permission.

I would recommend you get assistance from a specialist family solicitor to do this. But if you chose to do this yourself, the form you would use is C100 (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf). Print and sign 3 of these to send to the Court. It will assist both you and the judge if you write a brief Position Statement. Try to keep the position statement to two to three pages, setting out briefly why you are applying for this order and why you believe it to be in the child´s best interests. Be factual, and try to be objective in what you write, and the language you use.

If he changes his mind and agrees, ensure you put your agreement in writing and he signs a letter of consent.

I hope this assists. If you have any other questions, please ask.
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