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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3909
Experience:  Director and Principal Solicitor. UK
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EU citizen (naturalised UK) married to Brit with 4 yo child.

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Hi, EU citizen (naturalised UK) married to Brit with 4 yo child. In case of separation or divorce, how to secure a court order allowing moving abroad? Child has 3 nationalities, is raised trilingual and has family in all three countries
JA: What steps have been taken? Have any papers been filed in family court?
Customer: none yet, won't do anything until i know laws, have a plan and likely outcome
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: East Sussex Brighton
JA: Anything else you want the Lawyer to know before I connect you?
Customer: mother main earner, both parents do school runs, have one non working day with child, mother sorts all schooling, activities, medical and social. father undiagnosed depression, recreational drug user and emotional domestic abuse to mother in front of child 4 yo

Hi, thank you for your enquiry and your patience. If you decide to move outside the UK with the child then you would need the other parent's consent. If they do not consent then you would have to apply to court for a child arrangements order. You would be able to explain in your application why you would need to move with their child and if the other parent does not have convincing arguments that that would not be in the best interests of the child you should be able to secure the order. You will be required to attend mediation first before you can have a hearing in Court on the application. It may in some instances be easier on the parties and the child if you are able to mutually agree through your solicitors on the arrangements for your child. that way the court would not need to get involved. But if you know that the other parent is not civil enough to agree then you will have to make an application to court. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best

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Customer: replied 6 months ago.
Thank you this is in line with what i read online so far. My understanding is permission to relocate abroad is not often granted... how does this work with the child's multiple citizenships and in my view rights to experience their other cultures, languages and families? what would help in making a successful outcome more likely? because of emotional domestic violence there is a risk in me bringing up a conversation regarding this. i need to know likely outcome and legal requirements before i make a move/decision

There is no one sizw fits all approach regrettably. so your child's specific experience is what the court will want to consider. If she lives with you and you are the primary care provider and the family network that she knows is where you are going and you have evidence that the father is abusive, not stable not financially stable to provide for the child and to live with the child ensuring their needs are met that is what you need to be advising the court. You should not let the abuse pass without reporting it as a record for this would help you when it comes to wanting to move with your child. If he is violent and is not safe for you and your child you could consider taking out a non-molestation order against him and if secured this would help when you plan to move.