How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I would like to take my children whom reside with me now and

Resolved Question:

I would like to take my children whom reside with me now and always have to live with me abroad. I have married and my partner lives abroad. However my ex refuses to give me consent and I need to know what I could do and how to go about it.
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 and what contact do they have with their father?
Where do you wish to take them and how would you ensure that they continue to have contact?
Clare
Customer: replied 3 years ago.

They are of ages 12, 10, 4 and 2 almost 3. Their father sees them during their holidays sometimes, unless I have to travel to see my husband then he might have them and the care while I'm away would be devided from him/his family to my mum. Aside from that he very rarely sees them but speaks to them every now and then.

My partner lives in America and I have loads of family around America so it won't be like I'll be on my own. Just like I make most of the effort now to ensure the kids see and speak to their dad more then he makes the effort, I would do the same if we were to move abroad. I would ensure that they at least speak to him by telephone or Skype. I would agree for them to visit him during their holidays or him to come and visit them. I strongly believe their dad being a part of their lives whether we are together or not, whether we live close or not, is extremely important therefore I would never prevent them from any kind of contact.

Expert:  Clare replied 3 years ago.
Hi
In the last three months what contact has he had with the children?
Clare
Customer: replied 3 years ago.

Well they stayed with him for the summer holidays..though my mum had them for a couple of weeks during that time and when they were at their dad's they spent some days/weeks at their cousins. Some time at the end of may I took them to him for a week it was half term and them going to him was only because I travelled for that week and during the summer holidays to be with my husband. Otherwise he wouldn't normally have them. He would probably take them for a night or two.

Expert:  Clare replied 3 years ago.
Hi
Will you be able to fund regular trips to the UK for the children during the Summers?
Clare
Customer: replied 3 years ago.

Yes that shouldn't be a problem. May I know what I could do if its going to court how much of a chance do I have for them to give me consent and how long will all that take. Thank you

Expert:  Clare replied 3 years ago.
Hi
Your starting point is to discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk)
If (when) that fails you will need to make an application to the court for permission to remove the children from the country
You will need to prepare a full dossier setting out where you will live; where the children will go to school; what support you will have if your new relationship fails; and how you will fund yourself and travel for contact.
You will also need to set out clearly how you will maintain and promote the contact with their father
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
It is becoming more difficult to get permission - but it does still happen - and much depends on the quality of contact that you offer.
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