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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have written a letter to my ex partner to ask permission

Customer Question

i have written a letter to my ex partner to ask permission to live back in spain where i was before i met him...we now have a 3 year old daughter.... i was waiting for his reply as i knew we had to go through mediation first...he has bypassed this by accusibg me of child abduction ...there was no evidence of this at all ... i feel ive been treated very unfairly throughout and need to know if proof has to be provided before i had the papers served
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-Is his name on the birth certificate?

-Are you still in England or Wales?

-Did he provide consent for the relocation?

Customer: replied 1 year ago.
he is on the birth certificate, im still bound to surrey , he is obviously apposing the idea , i was adviced to write the letter which i did but then hes fast tracked and skipped mediation on the basis he said i was planning to abduct our child
Customer: replied 1 year ago.
there is absolutly no proof of this and has manipulated the whole process on my behalf
Customer: replied 1 year ago.
hello ?
Expert:  Harris replied 1 year ago.

Has he made any application to court regarding the alleged child abduction, or is it to the police?

Customer: replied 1 year ago.
To the courts
Expert:  Harris replied 1 year ago.

Thank you. In the circumstances, as he is not providing his consent for the relocation you will need to pursue a cross-application for a Specific Issue Order to relocate. This can be done using form C100 and a £215 court fee. The court can make a decision regarding the matter as you cannot relocate with the child without his consent or a court order. 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

I hope this assists you. 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 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.