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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?
Thanks for confirming. As you were married your husband will also have parental responsibility for your daughter and you will be unable to move out of England / the UK with your daughter without his consent. If no agreement can be reached between you you will need to apply to court for a specific issue order for the court to decide what is in your daughter's best interests.
Initially I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedings
Specifically for relocation outside of the UK with the child, there are further issues that the court will consider, including how the child's upbringing will be in the new country compared to here, whether she will be accommodated appropriately and her needs met financially as well as whether it is in their interest for there to be a loss of contact with her father and any family in the UK.If you have any further questions regarding this please let me know. In the meantime 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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