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