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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1382
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex wife divorced me. A week or so later she got married

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My ex wife divorced me. A week or so later she got married to an american man over in america. She now wants to take our children to live over there . As you can understand i dont want this to happen. Any help would be grateful


Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- where are your children living now?

- where is the mother living?

- are there any court orders in place?

- when has the mother said she intends to move?

- how old are your children?

kind regards


Customer: replied 8 months ago.
The children are living with there the family home.there are no court orders in place. She said intends to go towards the end of this year. I see my children every week and pay maintenance

Thank you for your response.

Can you confirm how old your children are and if they have been told or not, if so , have they expressed any wishes and feelings on the matter.

Please note I am going to be offline for a short while now but will respond as soon as I can for you.

Customer: replied 8 months ago.
They are 10 and 11. One wants to go the other doesnt know. Shes confused at the moment


Thank you for your response.

I do apologise for my delay in responding to you. Thank you for your patience.

The reality is that your ex cannot take the children to America to live without your permission.

If your ex was to do so then a court would make an order for the children to be returned. Your permission is required and if you do not provide your permission then your ex would need the permission of the court.

If your ex was to take the children out of the jurisdiction without your permission then she could be charged with child abduction and if found guilty face a prison sentence.

If you get the impression that your ex is taking steps to remove the children without your permission then you should make an urgent application to your local family court for a Prohibited Steps Order.

If, you do believe her intentions are to travel at the end of the year and you object to the same then you can still apply to the court for a prohibited steps order but you would need to attempt mediation first as this would be considered by the court as less urgent then immediate plans to move.

If mediation is unsuccessful at reaching agreement then then mediator will sign the form that you need to apply to court. This is the C100 Form. The court fee is £215.

The mother, if she is serious at relocating, will likely ask the court for an order that she can permanently remove the children from the jurisdction.

This is not an easy application for your ex to make to court and the court would have to be convinced that the move was in your childrens best interests.

The court would ask a Children and Families Officer (Cafcass) to prepare a report on the matter and make recommendations. The court will want to know how the mother intends to promote contact and this will be by no means easy for her given the travel time to the USA and back. Cafcass will ask your childrens wishes and feelings but this will not be decisive given their ages.

In short - if you dont agree - do not provide you permission. The mother will have to ask the courts permission and this, given the recent case law, is not going to be easy for her.

Do let me know if I can assist you further.

kind regards


Positive feedback is gratefully received.

Customer: replied 8 months ago.
Thank u for getting back to me.
Is there anything she can do behind my back. I have asked her if her husband is willing to come to the uk for a bit to see the children as they have only spoken and seen him on the internet and not face to face. They may not get on.
Customer: replied 8 months ago.
Hi, so I spoke to Jim and he has spoken to his attorney, they have said that:1. Unless petitioned to court, he is not required to come here, speak to you or bow to any requests you make.2. His financial responsibility starts and ends with me and by extension the girls. He is not required to or obligated in any way to help you financially which includes: airfare, food, lodging or anything whatsoever. Neither am I.3. We can pay airfare for the girls to visit but it will be to my parents home because you have exhibited that you are untrustworthy, unstable mentally and financially and visitation can be arranged where you are able to visit there. You are also responsible for all expenses in that. Anything you want beyond that is to be negotiated in court. You will be responsible for half of he fees in all things. Anything you do to slow or hinder the process is considered harassment and will be brought up in court. It will not reflect in a positive way on you at all.You can give me full custody and relinquish all rights to me and your financial fees and support and future obligation all ends. If you can do that then we will allow visitation and pay the entirety of their fees twice a year.If you want to speak to him, you can relay messages through the law firm Coblentz, Patch, Duffy and Bass in San Francisco. Their fee for you to acquire their service in contacting him is 750.00 USD per hour.
My ex wife sent me this . What does it mean


That is all rather baffling but I think they are suggesting that they are intending to go to the USA with the children. Put simply they cannot without your permission. Get your application to the court for a Prohibited Steps Order.

Kind regards


Positive feedback is gratefully received

Customer: replied 8 months ago.
Would she need to go to court to be able to go.

Yes - 100% she would.

If you were married you hold parental responsibility for the children. If you dont provide your permission and the mother goes with the children then the mother could find herself on the wrong side of the criminal law relating to child abduction and if convicted could be sent to jail.

Even if the mother applies to take for permission to take the children to the USA to live - there is no guarantee for her that the court will agree. The court will give strong thought about your relationship with the children and how she is going to maintain this. Given the email you have received - they seem rather hostile with that which will do them no favours at all in court so keep that as evidence if she does apply!

kind regards


Please kindly remember to star rate my service so that credit is received for helping you.

Customer: replied 8 months ago.
I have a great relationship with one of my daughters were really close. I did have a great relationship with my other daughter but recently she has been distance with me. I think her mother has been trying to turn her against me. My eldest is not easily persuaded.


Thats really good to hear.

Your daughters are still too young for the court to make a determinative decision based on their wishes and feelings but they will likely be asked.

Kind regards


Positive feedback gratefully received

Customer: replied 8 months ago.
My daughter wanted to stay with me last night at my partners home but her mother said no. I asked why and she just said that i want her home. It left my daughter in tears. She didnt want to go home. Is my ex wife out of order refusing our daugters wishes?


I am sorry to hear this.

If your ex is also being difficult in respect of the time that you spend with the children then you should consider making an application for a Child Arrangements Order so you can 'set in stone' the time they spend with you.

kind regards


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