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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am planning to move back to Czech republic with my kids

Customer Question

Hi I am planning to move back to Czech republic with my kids (their nationality is Czech as well) I would like to know what to do and where to start if the Father doesn't agree of me moving. We have been separated for two years now and he has been away for a year. Basically I had no help and even when he is here I have no help. I just don't know the process and where to start. Is it the same like going abroad or it is treated differently as it is their nationality?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Is he registered on their birth certificate?

-Are/were you married to each other?

Customer: replied 1 year ago.
My children are 8 and 6 years old. He is registered in their birth certificate and we are married.
Expert:  Harris replied 1 year ago.

Thank you for confirming. As you are married he will have parental responsibility for the children and you will need to consult him regarding the move and obtain his consent, despite him not being involved for a year. If his agreement is not forthcoming you will need to pursue to your local family court for a specific issue order for the court to decide what is in the children's best interests and if they should move.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.