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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son lives with me full time expect every other weekend.

Resolved Question:

My son lives with me full time expect every other weekend. How do I go about getting sole custody .i want to move abroad with my son to Dubai. I'm currently living in uk , but I'm from Ireland .my brother and his wife and kids live in adu Dabi . Can my ex boyfriend stop me from moving . Even though he only sees our son 4 nights a mth
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is your son?

-Are you in England or Wales?

-Is the father named on the birth certificate?

-Are the current arrangements contained in a court order?

Customer: replied 10 months ago.
My son is 10 years old . Yes fathers name is ***** ***** certificate . Live in England. No arrangements have been made through the courts
Expert:  Harris replied 10 months ago.

Thank you. Given that he is named on the birth certificate you will not be able to relocate abroad with your son without the agreement of the father, and if the father disagrees you will need to apply to court for a specific issue order and for the court to decide if it is in your child's best interest to relocate.

In the circumstances 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 10 months ago.

To add to the above where there is an application for leave to remain there are many additional considerations - you can find them discussed here

http://www.leavetoremove.info/current-law-guidance/payne-guidelines

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