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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Im Justyna i just got a question Im thinking of going

Resolved Question:

hello im Justyna i just got a question
Im thinking of going back to Poland for good next year with my son i have spoken to my ex husband about it and he agree to sing permission to take our son but in return he wants to move in with me and my mum and be my husband till i go
my mum said no tho and he is trying one way or another different way to have me till then i feel like he is blackmail me that if i dont do what he wants then he will no let me take my son
im just wondering how law is standing with things like that and if there is anything i can do
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Justyna
I am a Solicitor and will assist you today.
Please may I ask:
- are you going to Poland to live permanently?
- how is your son? does he want to go to Poland to live?
- does the father have parental responsibility for your son?
- I understand that you do not want your ex to move in now - is this correct?
- whose name is ***** ***** property in?
- how often is the father seeing your son now?
Kind Regards
Caroline
Customer: replied 1 year ago.
i would like to go live to poland permanently yes in august
my son is only 4 but he is excited about moving there and going to polish school
the father has all parental rights but our son is living with me
i dont want him to move in with me at all but i am willing to do so for the document i need even tho i feel like he is force it on me to get it
and he seeing him about 3 times a week
Customer: replied 1 year ago.
and the property we are now living in is in my mums name
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Justyna
Thank you for your response and for confirming that for me.
As the father holds parental responsibility yo do need the father to agree the move. If he doesn't provide his permission and you do move to Poland then this could be considered as child abduction. You also need to be careful as the father might withdraw his consent.
Under no circumstances do you have to feel pressurised to let the father live with you so that he will provide permission. In fact letting him live with you could make things more difficult. If you do not want him to live with you then say no. You do not need to give in to this demand. This also may be an empty promise and he may change his mind.
What you need to do is get the courts permission for you to be able to move to Poland with your son. This is done by making an application to the court for the permanent removal of your son from the Jurisdiction.
The first thing you need to do is refer this matter to mediation. You cannot make an application to the court unless you do this. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
Mediation will try and assist you both in agreeing without the need for court.
If the father wont engage in mediation or he wont agree then you need to make an application to the court. The Form you need to complete is C100 and you send this to your local family court. The current court fee is £215 - although you may be able to get a reduction / waiver on the fee dependant on your circumstances - see form EX160 and send this to the court with your application and they will assess you.
You need to detail in your application why you want to move abroad. You should as much information to the court as possible such as where you are going to live, what school your son will go to and the quality of life he will have. You should also detail if you are going to have support from family and friends in Poland. The court will also consider the fathers contact with your son so you should detail how you will promote this eg Skype, telephone, letters, holiday contact etc.
I note that the father has been blackmailing you. In your circumstances you may be able to get legal aid and a solicitor to help. Legal Aid is only available if domestic violence evidence can be obtained. Domestic Violence is widely interpreted and includes physical, emotional or financial abuse. See this link and in particular the GP letter. Take it to your GP and explain how your ex is making you feel. If your GP is satisfied that you are suffering with a condition such as stress and he completes the letter - take it to a legal aid family solicitor so that they can assess your means.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Justyna
Your ex has not legal rights to live in a property that is in your mums name. You should just say no.
You need to refer your case to mediation and then make an application to the court if matters cant be agreed at mediation.
Kindest Regards
Caroline
Please kindly remember to rate positively.
Customer: replied 1 year ago.
Thank you very much this helps a lot
Expert:  ukfamilysolicitor replied 1 year ago.
Your very Welcome Justyna - I am glad that I could help.
I would be grateful if you could leave a positive rating as this means we receive credit for our work.
Thank you for using Just Answer and please do not hesitate to return with your legal questions in the future.
Kind Regards
Caroline
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