Moving abroad with the child

[beka88]

Hello,

Hope someone might be able to help me with my questions.
My ex husband might be moving abroad and he would possibly want to take our ds with him. We currently have shared responsibility and he sees him 4 days and I see him 4 days.
I am against it that he wants to take him and will not agree to it.
We have a Childs Arrangement Order in place so I know he would have to apply to court but weather they will allow I do not really know.

So my question is how do I go about it from stopping him from taking him with him? What steps would I need to take? Has anyone had a similar situation that they would be able to share their experience?
Would court not allow it due to that ds is only 8 and that I am a mum or does it not work like that?
What are the good reasons to object the move if it comes to that in court?
And also if anyone either mum or dad apply to court to move abroad and they loose would the full custody go to the winning parent?

Thank you so much in advance.

Prohibited steps order to prevent him taking child abroad, for a start.

Can you show that dc is established where you are now? Settled at school with no concerns? Friends? Support network? Family (on both sides?) locally? What are your objections about where he wants to move, and why?

He would have bigger hoops to jump through to get a move approved - how a move away from everything he knows - and his mum - would be in dc best interests, I can't see it.

Thank you for your reply.

So would the PSO be just for the permanent move and lets say if I want to go on holiday with ds soon would I need a permission from the court? When would I need to apply for PSO? Would I wait till it comes to that or is it best to do it now?

Ds is established in school and doing really well with no concerns. My close family live abroad and I have no family living locally. Same for my ex his parents and close family live abroad.

My objection would be that it would affect my relationship with ds, I want to be part of his life and have contact and see him grow etc. ds does not know language, has never been away from me for long period of time. He would find it really difficult and I can not imagine how devastating it wold be for him and also myself as a mum.
How long does the court take normally to make the decision?

Just forgot to add that still it has not come to that (that he might move) but I am aware that he might, and I am just getting some idea what I would need to do in case it happens.

I think you need some qualified legal support/reassurance. Have a mooch on the wikivorce website and forum, plenty of good advice on there. If you believe there is a risk of him fleeing with the dc you might need to apply sooner/in anticipation. If you think he'd do it all above board then you might be better waiting for him to request it (I think it's called permission to remove from the jurisdiction or something, may be very wrong though).

If there is a Child Arrangements Order in place the father would need to apply to the court to take your child out of the country to live.

As already stated you need to be ready and prepared to give the court a clear picture of the child's life here in the UK and what impact it would have on them to move.

The case would be allocated to a child's guardian (trained social worker) who will complete an assessment to be presented to the courts on their professional view of where the child should live.

The Prohibited Steps Order would prevent the child's being taken out of the country for a specific reason ie to live but would not prevent holiday etc

I would recommend you approach a local family solicitor for a free consultation. They will give you an idea of what you need to do and any associated costs as you would need to fund the court application yourself unless there is a safeguarding issue (your child has a social worker).

Hope this is helpful and best of luck

Keeley - SafeCircle Sitters

Thank you for your reply.

Sorry if it is a stupid question is PSO as my way of application to the court against his move to go abroad?
Thanks

It's not a stupid question at all, court and family law is complex. Yes to prevent him taking the child out of the country (if you can't agree between you outside of court) is to apply for a PSO.

Have a consultation with a family solicitor first as they should give you a point in the right direction.

Keeley - SafeCircle Sitters