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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a rather complicated question I would like to ask.

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I have a rather complicated question I would like to ask. Perhaps you may be able to provide a partial answer?
Assistant: Where are you located? It matters because laws vary by location.
Customer: I live in London
Assistant: Has anything been filed or reported?
Customer: Nothing at all.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: My son's father and I saw a relationship counsellor, who inthis case acted as witness/mediator, in an attempt to speak our differences and find a resolution. My son's father was unwilling to attend more sessions after that.
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 5 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 months ago.
I am alarmed as I have not yet asked the question, but I see a dialogue box stating a solicitor is working on my question!!! Additionally, I requested a Skype call, but I see no response to that request. Please do not respond to anything yet, I will now type the question!
Customer: replied 5 months ago.
My question is:
I am divorced since 3-4 years. I share the care of our 9 year old son with his father: I have our son 4 days per week, his father 3 days. His main address is mine, and I make all appointments, researched schools and enrolled him, attend parent evenings and so on. I am in short the main parent.
Due to significant, long-term financial hardship, I want to move out of London with our son. His father opposes any move, and sees my wish to move as an attempt on my part to take sole custody. My intention is continued shared care, though over a longer distance.
My options would be, a city 2-3 hours away from London, though what I would really like is to move to Sweden with our son.
What I need to know is: do I need his fathers permission to move elsewhere in the U.K. with our son? Please note, of course I would like to come to an agreement with him - he just refuses any discussion on the subject and demands we stay in London, which simply is not financially sustainable for me. We are in a vulnerable position here, and experiencing hardship.
What are the legal requirements on me to move to Sweden with our son - would I need to take this through the court?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- does the father hold parental responsibility by virtue of being named on your sons certificate / you were married when he was born?

- why Sweden?

- I assuming that the father will not agree Sweden because he wont agree a move 2-3 hours away - is this correct?

- are there any current court orders in place?

kind regards

Caroline

Customer: replied 5 months ago.
Dear *****,
Yes, his father is mentioned on our son's birth certificate, and we were married when he was born.
Sweden, because I grew up there. I have family and friends who would provide a social network of support - something his father has stated would be an important requirement for him to consider any move, as he considers me unsuitable as full-time parent. He has stated this in front of the mediator, and tells me this in written text messages. For example, he believes I feed our son too many sweets, and one reason he mentioned was I sent our son to school with shoes that hurt our son's feet. He considers me neglectful, and emotionally/psychologically volatile.
Also, Sweden because I would earn three times as much for the work I do, and so I would be much better equipped to provide for our son. Both I and his father earn very, very little. Through the years, I receive less and less in child support: £28/month at present.
Also, our son would have access to English speaking free school in Stockholm, which would assist his transition. Having family around would also support the transition for him, as he adores his family. His father has expressed his like of Sweden many times, and has friends there he could stay with, making visits easier for him. I also have contacts who can provide cheap and good quality room for his stay there.
I believe his father will not permit any move outside of London because he feels anxious and threatened, believing I am wanting sole custody. What I want is to thrive instead of continue the financial strain, and housing insecurity I am currently facing, and continue the shared care although it would look different due to the distance. His father also gives as reason for not permitting a move, that he considers me unfit as sole parent - which I am not wanting to be in any case. I keep making it clear that I will co-operate in every way for their continued consistent connection.
The reasons the move needs to be further away than just a suburb, or a nearby place is that these are almost as expensive as London, and therefore I would require continued dependence on housing benefit. I know that in the borough I live, there are requirements to receive such benefits: one is to have a "local connection", and to have lived there at least two years. Hence I need to move somewhere where rents are significantly cheaper.
I hope this answer your questions without overwhelming you.

Hello

Thank you for your response.

Please do accept my apologies for not being able to respond to you sooner.

I understand both you reasons for wanting to move out of London and also your reasons for wanting to move to Sweden.

In relation to Sweden - what you need to know is that you cannot move out of the Jurisdiction of England and Wales without the permission of everyone with Parental Responsibility. As the father holds parental responsibility if you did not obtain his permission then moving to Sweden could be considered as Child Abduction. A court would likely make an order for your child to be returned and you could be prosecuted through the criminal courts and sent to prison if found guilty.

If the father wont provide his permission then the option that you have is to make an application to court for the court to consider you permanent removal of your son from the jurisdiction.

You need to know that given the recent case law in this area this is not an easy application to make to court.

The court would make its decision based upon what was in your child's best interest. They would look at the quality of life, the schooling, the family support and also how the relationship with the father would be maintained. The court would only make the order if the court thought that it was best for your son.

In relation to a move out of London - whilst this is not a move out of the Jurisdiction and would therefore not be considered needing the fathers permission to do this - there are other issues that come to play. If the father disagreed with the move then he could make an application to court for your son to be returned. It is also likely that your sons school would have to change and the father could refuse to provide his permission for that. The court would have to deal with this by way of deciding the specific issue of your sons schooling and what would be best for him if you couldn't agree between you.

First step before you can make an application to court in relation to either the removal abroad or moving out of London and changing the schools would be to refer to mediation. This is a prerequisite before you make an application to court otherwise the court will reject your application.

There are lots of family mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

Mediation is independent and will try and help reach agreement between you without the need for court.

If agreement cannot be reached at mediation then the mediator will sign the form that you need to apply to court.

The court form is the C100 Form and there is a court fee payable when you apply to court of £215 although you may be eligible for a reduction or complete waiver of this fee depending upon your means.

The court would makes its decisions based upon what the court considered was in your sons best interests. The issues the father has raised about sweets and shoes are not of a child protection nature so these are not reasons that the court are going to think that you cannot have a relationship with your son and in reality as you have always been your sons main carer the court will want this stability to continue for your son. The crux for the court is the relationship with the father and this being maintained. The court is more likely to agree the move out of London rather than a move to Sweden for that reason.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you.

Customer: replied 5 months ago.
I plan to move next summer, when our son would have finished year six and therefore would be changing schools anyway.
About mediation : we saw a psychologist for this purpose - the father refused to attend further sessions, saying "there is no point as I will not permit you to move out of London".
What I then need to clarify is : for a move out of London but within the UK, do I need the father's permission? Or permission from the court?
Also, for me to stay in the UK may cost me £1000 minimum, due to Brexit, and I earn a very low income. Don't know if this would be considered re moving abroad?

Hello

Thank you for your response.

The school change does help if you were just moving out of London but you have to be aware that the father could still apply for a specific issue order in relation to the school if he didn't agree.

Mediation has to be with a family mediator. If you self refer they will write to the father to ascertain his willingness to engage. If he doesnt respond, usually within 2 weeks then they will sign the form that you need to apply to court.

You do not need the fathers permission or the courts permission to move out of London. You just have to be aware that if you do move and the father doesnt agree then he can make an urgent application to court for the child's return and if the court orders such a return then you are stuck with no housing in London. Thus its better to try and agree this with the father and if he wont agree ask the court to consider a specific issue and decide the matter so that there is no uncertainty for you.

Brexit is a big uncertainty at the moment but anything that would affect you would be considered by the court when makings it decision as to whether or not to allow a relocation out of the Jurisdiction.

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you.

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you very much for the information so far, it really helps.
I have one question relating to your last reply - am hoping I have one question left?
You mentioned going to a family mediator, and if this does not work, request something from the court, to move out of London, to within the UK. Could you tell me what specifically I need to ask for? A form or type of permission?
Thank you again.
Customer: replied 5 months ago.
Actually, having read through your advice again, I believe the answer to my question is the C100 form, am I correct?
Thank you again for your assistance, it is such a relief to have clarity.

Hello

Thank you for your response.

Please do accept my apologies for my delay in responding to you.

Yes the court form the any of the Children Act applications is the C100 Form. The mediator signs this form so you can apply to court which needs to happen before the court will accept the case unless the matter is of an urgent nature.

Its the same form for all the different matters.

If you want to move abroad - you ask the court for Permission to relocate to a different Jurisdiction

If you are just wanting to move out of London and the father wont agree the school - then you are asking the court to deal with that as a Specific Issue Order

kindest regards

Caroline