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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34128
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 husband & have 3 kids with him.

Customer Question

I am separating from my husband & have 3 kids with him. He has lived away from home (100 miles away) past 3 years. I have had to live on benefits & the very little money he gives me as support.
I have been offered a great opportunity of a job in Holland & want to relocate there with my kids & make a new start .
My husband has insisted that we stay within an area where he can visit his children whenever he feels like it.
Does he have the right to stop me progressing in life?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How old are the children and what contact have they had with their father in the last year?
What support system would you have in the Netherlands?
Clare
Customer: replied 2 years ago.
My children are 9, 7 and 2 years old.
There is an International School in Holland that I intend to send my kids to. My 2 year is ready crèche. There are all ready to learn a new language. I don't know many people there but want to make lots of friends when I am there. There is a direct flight from Ireland to the city I want to live in, and we can travel home any weekend., or my husband can fly over there.
Expert:  Clare replied 2 years ago.

How often has he seen the children in the last month.
How did you find the job?
What will happen if the children are ill and you have to work?
Clare
Customer: replied 2 years ago.
My husband has seen the children on 3 separate days in the past month. Usually he sees them 5-6 times per month.
I was approached by a recruiter through LinkedIn. I have 15 years experience in the field of the job.
I would like to employ an Au Pair while I live in Holland & she could help when the children are sick. They have been very healthy up to now.
I need a complete break and new start from my husband, is that possible living in the same country?
Expert:  Clare replied 2 years ago.

Do you intend to start divorce proceedings?
Clare
Customer: replied 2 years ago.
Yes we need to get divorced. Can I move away before this happens?
Expert:  Clare replied 2 years ago.

You need either the agreement of your ex or an Order from the Court to move the children to the Netherlands.
The starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
When that fails you will need to make a formal application to the court - you can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
You will need to show that you will be able to facilitate regular contact - at your expense f necessary
I hope that this is of assistance - please ask if you need further details
Clare