Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

1 2

Original poster

Not asking for permission?

34 replies

NightTimeRain · 10/12/2023 11:16

My ex doesn’t see our children, I would like to move and was looking into it to be told by people if he has PR which he does even though he doesn’t see them and hasn’t properly for years I would need his permission to move? (Not abroad) surely l don’t need to seek his permission for this and it wouldn’t affect any contact time given he isn’t involved? Also apparently need permission to change school even though he knows nothing about them and has never been to their schools and my oldest is secondary school age! Totally get needing permission to move abroad. Aibu not asking for permission from someone I have no contact with and doesn’t see our children?

OP posts:

rainbowsparkle28 · 10/12/2023 12:00

Legally if he has PR then yes you do need permission. Or application to court to grant permission in the absence of other parent.

SutWytTi · 10/12/2023 14:18

rainbowsparkle28 · 10/12/2023 12:00

Legally if he has PR then yes you do need permission. Or application to court to grant permission in the absence of other parent.

Edited

I do not think you are correct @rainbowsparkle28

Nothing in statute law prevents a parent from relocating from one part of the UK to another without the consent of all those with PR. However, it has been established throughout case law that the best course of action to take in internal relocation matters is to obtain consent from all those with parental responsibility or permission from the court.

https://childlawadvice.org.uk/information-pages/travel-and-relocation/

Travel and Relocation - childlawadvice.org.uk

This information page provides information on domestic & international travel and relocation. It will provide advice on the circumstances which require consent to be provided in order to travel domestically or internationally with a child and the optio...

https://childlawadvice.org.uk/information-pages/travel-and-relocation

Original poster

NightTimeRain · 10/12/2023 15:08

Thanks all was told I don’t need permission on a legal page if moving in England and wales so will get on with it and not give it another thought!

OP posts:

TorringtonDean · 10/12/2023 15:19

Schools won’t ask for permission. My DD changed schools - her dad was completely estranged and the school said let’s not bother with that bit on the form! It’s ridiculous that he could even contemplate stopping you when he’s not bothered with his kids!

Shroedy · 10/12/2023 16:35

rainbowsparkle28 · 10/12/2023 12:00

Legally if he has PR then yes you do need permission. Or application to court to grant permission in the absence of other parent.

Edited

No, you are confusing needing permission with the other parent being able to ask the court to order that you cannot move. A very important distinction in the OP's case.

Be careful being so sure in your comments on the legal position.

cansu · 10/12/2023 16:44

Personally I would just move. If you did contact him, it is almost prompting him to start making a demand or to try and piss you off. Given he has shown no interest so far, I would prefer to move and deal with him at a later date if he did get in touch. I can't imagine the court would force you to move back once the children are settled. It would be different if he had any contact or had shown any interest.

Original poster

NightTimeRain · 10/12/2023 16:53

Yes exactly, I feel like contacting him is opening the door for contact and just causing potential problems for myself when at the moment there isn’t any. I’m just going to do it

OP posts:

prh47bridge · 10/12/2023 20:40

@Shroedy is correct. You don't need his consent. He could try to get a prohibited steps order to prevent you from taking your children with you and moving them to different schools, but it is unlikely he would succeed given the lack of contact.

Itslookinggood · 11/12/2023 19:25

Prh47bridge will give the correct legal position, but having been there, my non-legal advice would be to not poke the bear.

Opening up contact when there hasn’t been any gives an excuse for him to react and cause a problem. As others have said - if he does rear his head, you can deal with it later on, with the advantage of having already moved & thr kids settled.

Flip

1 2