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Hi, thank you for your question. As you are married your wife cannot take your son and relocate to Spain if you do not consent to this. If she attempts to do so you can apply to court for a Prohibited Steps Order using form C100 and a £215 court fee to your local family court to prevent her leaving. As there appears to be some disagreement between you regarding the move, it is likely that a court will need to decide on the relocation and this can be done using the same form for a specific issue order and a £215 court fee to your local family court. The relocation will be a major change to your son's life and the court will not decide this just on the basis of her being the mother. The court will need to consider all the facts and circumstances and compare how his life will be here, and how it will be in Spain and then decide what is in his best interest. The court will also consider how any move will impact contact with you and the mother, as well as his wider family. 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 concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf 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
If you agree for her to go I would suggest that you have a child arrangement order in place so that arrangements are set in stone - you can then have a mirror order in Spain so that it can be enforced if she breaches it. But again there needs to be serious consideration as to whether this is in the child's best interests especially given you have stated that the mother is unwell.