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Moving abroad- parental permission

7 replies

teachertalks · 13/03/2019 22:41

Hi, I would like some advice on my current situation. I am a single mother of two children. I have just been offered a job abroad which offers amazing opportunities in terms of education and finances.

My ex partner and I split 2 years ago and he has since moved to a different city and had a new child. I currently have a non molestation order and contact between him and the children is limited (there is no plan in place as such)

Essentially, what I am asking is what steps do I need to take to be able to legally move abroad with the children? From what I have been able to ascertain online, I must get his permission and if he refuses then it is up to the court to decide.

Has anybody been through this or have any advice on proceedings? The job starts in September and I'm just trying to figure out if this is a realistic time line to get everything sorted.

Thanks in advance!

OP posts:
MrsBertBibby · 13/03/2019 23:55

You need to move fast.

Write to him now seeking agreement. Assuming he doesn't agree, application to the Court for permission to remove (C100 and C1A setting out his violence).

Get it moving now or you have no hope of a decision by September.

Collaborate · 14/03/2019 07:36

I agree with Mrs BB. Get it issued in court urgently. If it's contested you're fast running out of time, so will need the court to list it urgently.

teachertalks · 14/03/2019 16:11

Thank you both so much. I'll start by asking his permission and then roll on straight after with the forms!

I hope it all runs smoothly ( is that too much to ask for?) are there ways in which he can't block the appeal?

Thanks!

OP posts:
prh47bridge · 14/03/2019 17:19

He is entitled to try and persuade the court to refuse your application. There is nothing you can do to stop that.

teachertalks · 14/03/2019 18:39

Of course prh47bridge and naturally I would expect him to. I meant more along the lines of not turning up to court dates etc to prolong the process or would they proceed in his absence?

OP posts:
prh47bridge · 14/03/2019 22:42

He could potentially prolong the process a little by not acknowledging service and not turning up to hearings but ultimately, if he refuses to engage, the courts will decide in his absence.

MrsAird · 15/03/2019 09:09

Your best chance of persuading the court to grant permission will be to go all out to show how the DCs' relationship with him will be maintained. Give details about when they will see him, where, how they will get there, where everyone will stay, what other contact (eg Skype) you are proposing. You will also need to give details about the affordability of your plans.

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