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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Taking children to live in a foreign country

5 replies

1MillionSelfiesTakenByMyKids · 01/03/2018 10:57

Asking for a friend. Her partner ditched her (and their 2 additional needs children) last year. She's a foreign national from a european country and doesn't ahve residency so she's been in a very difficult situation and relying on his sporadic financial assistance. She's been looking into her benefit options and has come to the reluctant conclusion that she'll have to move back to her country of origin even though she's lived here her whole adult life.

What is her legal situation regarding this? Does she need written permission from him? He's on their birth certificates but does very little actual care and has contributed little to their physical care over the years prior to his ditching them. He's making all the right noises about wanting to be involved but hasn't done much to back that up with actions but could possible cause issues just as another way to control her.

OP posts:
MrsBertBibby · 01/03/2018 11:54

She needs his agreement or permission from the court to remove from England.

She is likely to succeed but she needs to get on with it!

george49 · 01/03/2018 11:58

She needs either his consent or a court order.

It is not in the least guaranteed that she will get it.

Tell her to contact Global Aark on Facebook who support people through this.

She is far better to try to work with her ex and get his agreement - she could offer a proper contact schedule etc. Court is very long and expensive and no guaranteed success

CaMePlaitPas · 01/03/2018 12:10

If she has lived in the UK her entire adult life why doesn't she have residency? Was she married? Can she prove that she's been in the UK for a while? If she's from the EU she does have rights - despite Brexit. I think she should go to citizens advice asap, seems unfair that she's forced to move as the UK is her home. Depending on where she's from though she might be better off moving - I'm in France and childcare and benefits over here are more generous than the UK.

1MillionSelfiesTakenByMyKids · 01/03/2018 20:10

Her ex encouraged her not to work, so she can't prove X number of years of being self-reliant. And yes, the benefits and support (especially for her very disabled child) is significantly better in her home country

OP posts:
serena5610 · 03/03/2018 04:12

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