How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8331
Experience:  Barrister at law
101823876
Type Your Family Law Question Here...
plclegal is online now

Ex Wife wants to move my our children to Australia. Honiton

Customer Question

Ex Wife wants to move my our children to Australia.
JA: Where are you? It matters because laws vary by location.
Customer: Honiton Devon
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My ex wife in the space of 2 years has moved 4 times and has moved the children 3 times.
Submitted: 21 days ago.
Category: Family Law
Expert:  plclegal replied 21 days ago.

Good morning

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  plclegal replied 21 days ago.

How old are your children? Do you have regular contact with them and is there any form of court order in place at all?

Customer: replied 21 days ago.
Morning Peter. I have regular contact with the children, currently 3 weekends a month and holidays. There is no court order on place. my children's ages are 7,5,4.
Expert:  plclegal replied 21 days ago.

Thank you for that information.

As you have regular contact, a move away from the UK is going to have to be applied for in the family court by your ex wife as without your permission or a court order she cannot simply remove the children from the UK.

If you are concerned that she may try to do remove the children imminently without seeking a court order for permission first (technically this would be child abduction), then you can apply for a prohibited steps order from the family court - preventing the children from being removed from the UK.

If this is more of a longer term threat/ suggestion, then I would suggest you go to mediation first as unless the application is urgent you do have to have attended mediation prior to applying to court.

See here for a link to find your local mediator:

http://www.nfm.org.uk/

You would apply to court on a c100 form, here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You send 3 copies of this form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

The application costs £215.00, and you can represent yourself so you don't need to engage a lawyer.

I trust that this assists? Can I help further today?

Customer: replied 21 days ago.
No. Thank you for your help today.
Expert:  plclegal replied 21 days ago.

My pleasure, happy to help.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter