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Moving Abroad

(3 Posts)
ChangesAhead Wed 02-Sep-09 12:06:46

My children reside with me, does this mean I sole custody for them or is it shared with their Father, even though they only stay with him for one night every fortnight?
The reason I am asking this question is because at some point I may wish to move abroad with my children and wondered from a legal standpoint whether my Ex-husband could do anything to stop me from taking my children with me?
I would appreciate your advice on this matter.

mumoverseas Wed 02-Sep-09 15:48:39

Just because they live with you doesn't automatically mean you have sole Residence (formerly custody) You would only have this if you went to Court and applied for a Residence Order and this was granted in your favour

With regards to you considering permanently leaving the jurisdiction (England and Wales - assuming you are in England) then you would need their father's consent to this. If he did not consent, you would then need to apply for leave (permission) of the Court to remove them permanently from the jurisdiction.
If your ex-H became aware that you were considering leaving and he did not give permission to this, then he could apply for a Prohibited Steps order, which would basically prevent you from leaving.

If you are considering such a move, you really need to speak to him well in advance to find out whether he would agree to this as if not, you will need to apply to the Court and this could take many months if not agreed.

ChangesAhead Thu 03-Sep-09 08:29:45

Thaks for your reply mumoverseas.

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