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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good Morning, Right, this is a big one. My ex-partner hasn't

Resolved Question:

Good Morning,
Right, this is a big one. My ex-partner hasn't seen his son in nearly a year, I am wanting to move to the Netherlands in the next 18 months with my current partner (he is Dutch). I have been trying to contact my ex for months and he doesn't respond...at all, nothing. I have drafted up a parenting agreement for him to sign, but he hasn't even bothered to do that....I have looked into taking him to court, but the costs are massive. I want to know, If i get him to sign this order, will I be OK to then move, or can he try and force me back? what If i get court dates set and he doesn't even bother to show up? I haven't had any maintenance from him, and nor do I want any...I just want the boy to be happy.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstHow old is the child and is the father named on the birth certificate
Customer: replied 1 year ago.
My son is2 (3 in July) and unfortunately he does have parental responsibility
Expert:  Clare replied 1 year ago.
Then you will either need the agreement of your ex or an Order from the Court to take him to the Netherlands to live.If your ex will not sign a letter confirming that he agrees to the move then you will need to apply to the court for "leave to remove " the child from the JurisdictionYou will first need to attend a Mediation Information and Assessment meeting with a mediator - and you can do this even before you approach him again - if he will sign the letterafter mediation that would be good!If mediation fails then the applictaion is make on a C1http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c001-eng.pdfand the fee is £215.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
If he signs the agreement, would I need to go to court then or would that be taken as him agreeing?
Expert:  Clare replied 1 year ago.
If he signs the letter saying the child can go that will be fine - no court applictaion needed
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You so much!
Expert:  Clare replied 1 year ago.
You are most welcome