Ask a Family Law Question, Get an Answer ASAP!
Hi, I’m Lea and I will be assisting you with your query today.
Where do you want to move to - within the UK or abroad? If in the UK, how far in miles from the father?
The following is useful info to assist you with the site:
You don't need his permission to relocate within the UK, however, if he objects he can make an application to court for a prohibited steps order to stop the children from going with you, and if you take them before he applies to court, you can be ordered to return them.
The better way around this would be for you to apply for a specific issues order to relocate the children to Scotland. You do so on form C100, cost is £215 - unless you are on a low income/benefits, in which case you may be eligible for fee remission.
You can attempt to relocate when you feel like it. As I said, if he wants to stop the children going, he can take court action.
Whilst you have the right not to have to see him, the children have the right to continue a relationhip if it is safe to do so. If you cannot agree the child arrangements between you now, or with the help of a mediator (unlikely to be suitable if you have been abused), then you'll have to go to court for an order. Going to court for a PSO or an SIO will open the court up to making child arrangements anyway, so you cannot avoid that.
I can't say that the court would not order you to return the kids - I advised on what you should do in order to relocate without problems.
What you choose to do will be entirely up to you. Unless the father gets a PSO there is nothing stopping you from relocating. But there is also nothing stopping him from getting an order after you move and you being ordered to bring the children back.
It would be nice if I could tell you that the court wouldn't order the kids back, but I simply cannot say that when there is a chance that could happen.
Yes, he can still apply. It will be up to the court to decide, based on all the information, what they will order.
I hope things turn out well for you.