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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1941
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have split from my husband and we have 4 children. I

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I have split from my husband and we have 4 children. I qualify as a midwife in 18 months and want to move to Australia with them. I am aware that he has the option to apply for a prohibited steps order to stop me from taking the children abroad permanently, but if he chooses to do this, does that mean he will definitely be granted it and I will not be able to leave? He has regular contact, and I would make reasonable measures to ensure ongoing contact.. Twice yearly flights home to the UK, Skype, email etc. What are the chances of me being able to take them without his approval? I have no idea how judges view this. It would be based on me having a good job out there to go to, with schooling arranged and permanent visas being issued.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
For Harris
Customer: replied 11 months ago.
Harris is offline I believe. Is anyone else available?
Expert:  Harris replied 11 months ago.
Thanks for your further question.
In relation to the move, he can apply for a prohibited steps order to prevent such a move - however, as you will be the one intending to move you will need to initially obtain his consent for the move. If this is not provided by him, then it will be for you to make an application under form C100 and a £215 fee to your local family court for a specific issue order to relocate with the children to Australia. Only the youngest three will be subject to the application, and the 16 year old will be free to make up his/her own mind about moving.
The court will consider the various criteria below, but in such applications the court will need to see that it is in the children's best interests to relocate and that the relocation will be better than them staying here. You will need to demonstrate you are able to support yourself and them, and if there are friends and family then this will help such an application. The more research you do about the move and how the children will settle, the better it would be to argue for such a big change in their life.
The court will consider the following criteria when making a decision:
-The wishes and feelings of the children
-The children’s physical, emotional and educational needs
-The likely effect on the children if circumstances changed as a result of the courts decision
-The children’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
-Any harm the children has suffered or may be at risk of suffering
-Capability of the children's parents (or any other person the courts find relevant) at meeting the children’s needs
-The powers available to the court in the given proceedings
Please let me know if you have any further questions about this.
Customer: replied 11 months ago.
Are such applications typically granted by the courts? I doubt I could prove they would be 'better off' in Australia, but I could prove I had a good job, housing, schools etc. I have friends living over there. I'm just wondering if it's something that's unlikely ever to transpire given the fact that I'm pretty sure their father will contest it?
Expert:  Harris replied 11 months ago.
I would not suggest you try to compare with other cases as there is no typical granting of any orders regarding children and is always based on the facts of the case and what is in the children's best interests - so there is no general decision that the court makes regarding such issues. However, just because he will contest the application does not preclude you from pursuing it.
Has this ever been raised or discussed with him? What is the reason for the intention to move?
Customer: replied 11 months ago.
I have discussed it with him before. He was originally amicable, but is now adamant he will contest. I have a new partner in Australia who doesn't want to leave because he has his own children living there with their mother. I can also earn a lot more as a midwife in Australia compared to the UK, and I have no family support in the UK either. A close friend of mine is also living out there, so it holds a lot of positives for me as an option.
Expert:  Harris replied 11 months ago.
Thanks - moving for a new partner will not be looked at favourably by the court - however the other benefits you have mentioned will support your application.
Customer: replied 11 months ago.
Ok thanks that's worth knowing thank you.
Expert:  Harris replied 11 months ago.
Hope it goes well - please provide a positive rating so that I can be credited for answering this question.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1941
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Of course..
One final thing.. Would I only need to apply for the under 16s and any over 16s can do as they wish whether he agrees or not?

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