Custody if xp in different country

[baabaapinksheep]

My xp is going to be moving abroad next month, and I just wanted to know whether I will automatically get sole custody of our DC?

We don't have the best relationship, he hardly sees them, so I want to know where I will stand once he is gone.

TIA

The short answer is no.

And the long answer...?

Sorry, I was rushing out before.

If your ex-partner has Parental Responsibility it means you both have responsibilities for your child and rights to carry out those responsibilities. With a few exceptions parents can exercise PR unilaterally.

In the UK the terms "custody" and "access" were replaced with "residence" and "contact" sometime ago. Residence determines where a child lives and a residence order can be in favour of one parent or both. A non resident parent still has PR when there is a sole residence order in favour of the other parent. Most parents agree living arrangements for children between themselves and don't involve the courts. You would need to apply to court to acquire a residence order, but the courts will only make an order when it is deemed necessary and in the best interests of your child.

Residence orders have particular conditions although practically they often make little difference. It?s the time children spend (or not spend) with parents that?s the important thing. Whether a residence order is necessary or not depends on the specific circumstances eg which other country is involved, contact arrangements and/or if there is a flight risk. Shared residence can be awarded even when parents live in a different countries.

Ok thanks.

Currently we have an agreement (through my silicitor) that they live with me and he comes to see them at my house every fortnight, does this then mean I have residency?

I don't really see much point in trying to get a resicence order, as I don't think he is paticularly bothered about how much he sees them.

He can't remove DC without your consent, so you will continue to have defacto dole residency without the need for an order.