Moving abroad with children after separation

[KatNap]

Hello,

My husband and I have been separated for 3 months. I would like to move back to my home country with our two children (5 years and 19 months old). We are married and own a house in the UK together. Our children have dual citizenship. I'm an EU citizen and concerned about my future rights and entitlements in the UK post Brexit. I will have to rely on benefits and maintenance if I stay here, whereas I feel I could offer my children a better future if I moved back home as the living standards are generally better. Can anyone advise what process I would have to go through to be given the right to move abroad? TiA

You will probably need the father's consent. It would be wrong to remove the children without it and you could find yourself in deep trouble if you do. A solicitor is the only sensible person to be asking really.

You need to get the father’s consent and if he doesn’t then court to get a specific issue order. Hope that helps x

You may have the option to stay in your home until the children finish their education. Would that be something you could consider.

If he's a good father I think it's unfair to move so far away.

I did this about 13 years ago so things might have changed since then. You need written and signed permission from all with parental responsibility. If not, you need to get ask the courts for removal from the jurisdiction. They will then decide what’s best for the child based on evidence. They will expect you to meet with cafcass/mediation beforehand to try and work it out between you (contact/finance etc just like in a divorce) If it goes in your favour you will be granted removal from the jurisdiction and a residence order for you and a contact order for your ex. Hope that helps.

Can you get a UK passport? Since you are still married, if your x is British, you can postpone divorce until you sort out your situation.

If you are married still I don't think you need to apply to court, the legal area while you're married is still gray, ask a lawyer but many have no clue when it comes to international issues. Perhaps your own embassy could offer some support? If he lets you move back temporarily, say to your family, and you spend six months + 1 day there with the children, they become your home country's residents.
You can apply for divorce either in UK or your home country (as far as I know)
Be warned that getting the proceedings accepted internationally is a costly pain , nobody seems to know anything, bureaucracy is horrendous.
Good luck!