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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2729
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Ex partner has informed me that she and our children are

Resolved Question:

Ex partner has informed me that she and our children are moving permanently to Canada. I have not given my consent. When applying for visas, would she need to provide evidence/documentation that I have agreed to the children moving with her? If she did not provide evidence/documentation, would she be able to obtain visas? I share parental responsibility and see my children frequently.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-How old are the children?-Are there any court orders in place regarding the children, if so what are they?-What are the current arrangements for the children?
Customer: replied 1 year ago.
England.
12 yrs and 16 yrs
Specific Child Arrangement Order
Expert:  Harris replied 1 year ago.
What are the details of the child arrangement order and when was it made?
Customer: replied 1 year ago.
Half of all the holidays and ad hoc contact, as and when.
2015
Expert:  Harris replied 1 year ago.
Thank you. For her to travel with the children she will need a letter of consent from you otherwise she will be stopped at the border and she, and the children can be questioned about the travel and see if there are concerns of child abduction.Firstly, your 16 year old will no longer be a subject to any court proceedings given the age - unless he/she has exceptional circumstances or learning disabilities or if the existing court order specified it lasts until 18 year old.. Your 16 year old will have the right to decide for themselves who they live with due to their age. The issue will therefore be in relation to your 12 year old. Given you do not agree to the travel you should immediately make an urgent prohibited steps order application to your local family court under form C100 and a £215 court fee to prevent a travel.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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