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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1157
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex-wife has recently removed our children permanently

Customer Question

Good afternoon,My ex-wife has recently removed our children permanently away from the UK without following any legal procedure or informing anyone.
My daughter is 11 years old and my son is 16 years old.
Following our separation/divorce in October 2010, my ex was given custody of the children. They stayed in the family home and I moved out of into a flat 200 yards down the road.
On their birth certificate, the children carry both family names. They were born in the UK and both have UK citizenship.
Recently, last July the ex informed me by text than she was putting the family home up for sale. In September, she verbally told me that the children were emigrating with her to Chile in South America.
My son has already flew out on 20 September and my daughter on 13 October 2017. The ex will follow as soon as the family home has been sold.
Now I am not against the idea of the children moving abroad however I want her to follow the legal procedure in respect to my parental rights and the law in the UK.
Here are some of my questions:
What are my parental rights regarding this issue? If any!
Should she have asked me for my consent in writing prior to removing the children away from the UK?
Does she have to provide me (in a legal format) with an address where the children are staying so I can have contact with or visit?
Should she have informed the court prior to removing the children, if so using which forms?
What is the legal procedure or steps that she should have implemented regarding my parental rights before going ahead her own way.
What does she have to put in writing?
Can I delay her selling the family home until everything is in order?
The deeds and the mortgage of the family home is only in my name, so can she still sell the house without my permission or signature?
I hope you can help me answer those questions.Kind regardsFranck Bailleul
Submitted: 29 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 29 days ago.

Hello Frank

Welcome to Just Answer

I am a Solicitor and will assist you.

If you hold parental responsibility for your children ( by virtue of either being married to the mother when the children were born or being named on their birth certificate) then your permission is required to remove the children from the Jurisdiction.

If you agree to the relocation then a court order is not required. It is better for permission to be given in writing but verbal permission will suffice.

If you dont agree removal then you need to be making an urgent application to court for the children to be returned.

If she doesnt provide an address then you may not want to provide your permission. Thi may also be the position if your contact cannot be agreed.

To make an application to court you complete the C100 Form and take it to your local family court and ask to be seen by a Judge asap. The court fee is £215.

This service can also help you:

http://www.reunite.org/

In relation to the matrimonial finances - if there is already an order in respect of the same then this is a separate issue. Any court order needs to be complied with. If there is no such order the you need to be going through the process of full and frank disclosure and discussions about division to either reach an ageement that can be embodied in a consent order for a Judge to approve or if agreement cannot be reached then applying to court for a financial order so that the Judge can make the decision.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively so that credit is received for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free for you.

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 28 days ago.
Dear *****,Many thanks for your prompt reply.
I am very satisfied about the first part concerning the removal of the children. At this point, you have given me all the answers I need for now.
Regarding the second part concerning the matrimonial finances, I will need further assistance. Perhaps I should give you more background information.
First of all, I can confirm that we have a consent order in place written by a solicitor by request of the judge. I am quite happy to attach a copy of the order if need be.
Right now, I am just going to extract the information that matters.
There are 2 properties: The family home that the ex has been occupying with the children. She has 60% of the share and I have 40%.
I live in the second property since 2011 after the separation. We have 50% share each in this one.
We have the option to buy each other out if we want.
I purchased both properties in 2004 and only my name is ***** ***** deeds and mortgages.
The other relevant information is the child maintenance arrangement that has been ongoing since 2011 through CMS.
Here are the latest events:
Last July, the ex-informed me by text that she had put the family home up for sale.
Last month she verbally informed me that she is emigrating to Chile with the children. 12 days later my son flew out for Santiago. My daughter followed 3 weeks later.
2 weeks ago, she texted me again to say that she had accepted an offer for the house without disclosing the amount.
This week she sent me another text to ask me to give my bank details to her solicitor. She also mentioned that she wants to exchange contracts and complete on the same day.
As you can see, she is a bully and trying to rush through the sale but she is not complying with the court order. The order stipulates that "the property shall not be sold without the prior written consent of both parties"
Now I hope that you have a better understanding of the situation so my questions are:
Should I be worried that she can push through the sale of the house without my consent or signature!!
How much pressure can she apply before I must sign for the sale?
What can I do to slow her down?
I just want to buy some time so everything can be done in writing as it supposed to be done. I want her to follow the legal procedure.
How best should I approach the situation? What do you recommend?
The final financial aspect is the Child Maintenance arrangement. Is it still valid now that the children have left?
Should I contact any government authorities to inform them of the situation. I am thinking of the council, CMS, schools and any others!!
Last, do I have a right to demand from her a copy of passports and birth certificates of the children?
I hope you can supply some answers to my concerns. Much appreciated.Kind regardsFranck
Expert:  ukfamilysolicitor replied 27 days ago.

Hello Frank

Thank you for your response.

Please accept my apoligies for my delay in respnding to you.

Your signature is required as a joint owner and therefore if you are not being provided with the relevant information then you do not need to agree.

In relation to the child maintenance - as there is already an assessment then this continues to be valid even with the move.

If you want to oppose the move - the making an application to court is what you need to do. Other organisations can be contacted once the court has dealt with the matters.

kind regards

Caroline