Hi, thank you for your question. Just a bit more information required to fully assist you:
-When was the order made?
-Is the father named on their birth certificates?
-Can you attach the order using the paperclip icon?
Thanks for confirming. Firstly if the previous court order is no longer being followed you need to apply to court to vary the terms to reflect the current situation.
In relation to the move to Ireland, as he has parental responsibility by being named on the birth certificate his consent must be obtained for such a move, and if his consent is not provided you need to apply to court for a specific issue order and the court will make a decision that is in the interests of the children having taken into account the full facts and proposals.
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 variation of the child arrangement order and for a specific issue order and the court can make a decision regarding the matter. Both orders can be applied for on the same form and under one court fee. 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 proceedingsI 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 your question without a positive rating. Thank you,
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