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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33038
Experience:  Over twenty-five years experience
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I want to move abroad with my new wife. My son, with my ex-wife

Resolved Question:

I want to move abroad with my new wife. My son, with my ex-wife lives, with us permanently and we want him to come with us. He's 15 (16 in October) and also wants to come with us. I have a very strained relationship with my ex-wife and communication lines are zero. What do I need to do to ensure that she can not stop me from taking my son to live with my new wife and I in California?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
The key is to wait until the child is over the age of 16 -then he would be permitted to live with you in the US should he so wish
Customer: replied 2 years ago.

We are not in a position to wait until he is 16.

Expert:  Thomas Judge replied 2 years ago.
The difficulty you have is that any court action is likely to take more than three months to resolve. You would need to make an application to the court for a specific issue allowing you to take the child to the USA - the court will consider the application on the basis of a case called Payne v Payne and the welfare of the child being the paramount consideration. Normally the process takes if opposed some time - a few months
Customer: replied 2 years ago.

Thank you.

Expert:  Thomas Judge replied 2 years ago.
my pleasure - please rate positively
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