Niece moving country

[fikel]

My brother is divorced and his ex has always had plans of emigrating to France. She plans to do this when my niece is 16. The plan was my niece was to stay in the UK and at least finish her education before she decides what she wants to do.
The ex is now saying that my niece wants to Move in 2 years with Mum, she will be just 16.My brother is of the opinion she is being drip fed to make her change her mind. All her wider family are in the Uk but crucially it would seriously disrupt her studies at this crucial time. She is v bright.
There is no persuading the ex to at least wait until she is 18!
Just wondering legally where does my brother stand, he is devastated and always gone along with everything but could this be stopped by him if need be?

[fikel]

Hi she is 14, the agreement was she would move in with my brother, they’re in the process of moving so that when the time comes she would be nearer her school and all her friends

[fikel]

Can he stop the move?

[fikel]

Yes I’m guessing he would have to go through court but I thought there might be some law in place that a child can’t be removed from their native country without the agreement of both parents?

[ArsenicNLace]

The law only covers children under 16.

I suspect even if your brother went to court they would take neice's views into account and at 16 if she wanted to go they would allow it. However I would suggest you consult a lawyer who maybe be able to advise better.

[fikel]

OK thank you

[prh47bridge]

There is indeed a law that says a child cannot be removed from the UK unless everyone with PR agrees or there is an appropriate court order in place. However, as ArsenicNLace says, that only covers children up to the age of 16. ArsenicNLace is also correct that, at the age of 16, it is very unlikely the courts would force her to stay in the UK if she wants to move to France with her mother.

[lynmilne65]

yes fikel, I couldn't move from England to Scotland without legal help.

[fikel]

Thank you guys