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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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Hi, I have recently relocated to Canada with my 15 year

Resolved Question:

Hi,
I have recently relocated to Canada with my 15 year old son. I sought consent from his father my ex husband but he said he would consent subject to unreasonable conditions. My son has started school in Canada and my ex has threatened me with abduction claims. Can I apply retrospectively to the courts whilst still residing abroad? What options do I have?
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.
When will your son turn 16 - and what conditions did you feel were unreasonable?
Clare
Customer: replied 3 years ago.

Hi Clare,

My son will be 16 in January 2015.

the condition is that my son remain in the UK this academic year pending completion of his GCSE. i have explained that he has to start his study in Canada has they have a 3 year program which starts this year into University, students do not require GCSE'S. If he stays in the UK he will lose one year and be playing catch up. I also confirmed that the school in Canada are happy for him to take GCSE'S this year in Canada as it is common for students coming from abroad to do this- so obviously it is in his best interest.

Please let me know if you require further info.

Thank you.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you did not follow the correct procedure to start with?
How likely is your ex to take action?
When exactly did you move?
Clare
Customer: replied 3 years ago.

Hi,

I endeavoured to get his consent and hoped he would change his mind about the condition i.e joining me in a years time. I had to resume work as I had delayed starting over 4 months waiting patiently and school was resuming so had to leave.

I left on the 21st August 2014.

Clare, I really need to know what options are both if my ex takes action or not.

Thank you.

Expert:  Clare replied 3 years ago.
Hi
last piece of necessary information.
Does your child wish to remain in Canada?
Clare
Customer: replied 3 years ago.
Yes he does.
Expert:  Clare replied 3 years ago.
Hi
That will be your saving grace.
Your ex is fully entitled to use the Hague Convention on Abducted children to apply to the Canadian courts to force the return of the child to the Uk while the Uk courts consider the issue of when the move should happen
However in january your son will be 16 and the Uk Courts will be loathe to go against his wishes in any event.
On that basis I would have thought it unlikely that the Canadian Court would force his return.
You can read more here
http://www.familylawweek.co.uk/site.aspx?i=ed248
On that basis I think you need to acknowledge that what you did was not correct - and be generous on contact issues
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you