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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am separating from my partner of 17 years. We are not married

Customer Question

I am separating from my partner of 17 years. We are not married but have 3 children together. I own a PR agency and need to move abroad to open an office. He is in a rock band so is often on tour. Am I legally able to move my kids abroad with me assuming we get joint custody?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and is your partner aware of your plans?
Clare
Customer: replied 2 years ago.

12, 8 and 6 and yes he is.

Customer: replied 2 years ago.

12, 8 & 6 and yes he does know

Expert:  Clare replied 2 years ago.
Hi
Has he said that he does not agree with this?
Have you discussed how the children will share their time between you?
Clare
Customer: replied 2 years ago.

Yes he does disagree but he's in a rock band and on tour c 3-4 months of the year,

Expert:  Clare replied 2 years ago.
Hi
Where do you wish to go and what Contact will you offer?
Clare
Customer: replied 2 years ago.

It looks to be either the US or Singapore at the moment. He could have as much contact as he wanted.

Expert:  Clare replied 2 years ago.
Hi
The simple fact is that you will need either their father's agreement or an Order from the Court if you wish to take the children abroad permanently.
If you have to make a Court application then you will need full details of the move including details of schooling and what support systems you will have in place
The fact that he is out of the country working for three or four months a year helps your case - but it is not necessarily decisive I am afraid.
You can read more about recent case law here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks - very helpful and good to have it clarified.


 

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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