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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 832
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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There, I am in potentially a rocky marriage with a 15

Resolved Question:

Hi there,
I am in potentially a rocky marriage with a 15 month old child. My wife is originally from wales but we live in Essex now. Would she be able to take him back to Wales if we broke up? As I have parental responsibility she wouldn't be able to do that without my consent right?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I can confirm that if you do not agree for your wife to move back to Wales with your son - then you should issue an urgent application at your local family court for a Prohibited Steps Order. Just having parental responsibility does not prevent the mother from moving with your child - you need a court order to prevent her from doing so if matters cant be agreed. Such an an order on an interim basis would prevent your wife relocating on an interim basis. The court when then decide on the basis on your child's welfare whether it is in your child's best interest for the relocation to happen. The court would make its decision considering factors such as how time with the other parent would be promoted and for the mother to be successful she would have to convince the court that the plan to move is well though out and that your childs needs will be met and your time with your child will be regularly be promoted. In the first instance - if matters can be decided between you and the mother - and there is sufficient time - you should refer to family mediation. There are lots of family mediators and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation will try and help you both agree. If the mother wont engage or agreement cannot be reached at mediation - then the mediator will sign the form you need to be able to apply to court. You need to refer to mediation before you can apply to court otherwise the court will reject your application. This however does not apply if your case is an urgent one - ie the mother is intending to move within a few weeks - if this is the case - then you can apply to court without the need for mediator - by marking your application form as urgent. If the mother just moves with your child without telling you - then you can apply urgently to the family court your child to be returned. The court form you need is this one:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 The court fee is £215. You send your application to your local family court which you can find here:https://courttribunalfinder.service.gov.uk/search/ If your application becomes urgent - just call the court and ask them what there local procedure for an urgent application. They may ask you to attend at court with your application form so you can be heard by a Judge quickly. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today
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Customer: replied 1 year ago.
Thanks. That's informative. I now know my options in each scenario.