Move abroad with 16yo - parental consent?

[Movingon2024]

after many years of DV, DS and I got out in 2018. Support from WA, police etc.

DS has had no contact with EXH since he was 14 (now 16). Legal advice was to not bother with court order for residency as at 14, DS could make up his own mind.

i have now been offered a job abroad (EU). DS could do his last 2 years of schooling at an international school there. He is excited about this.

so the legal Question is - at 16 years old, do I need consent from the other parent - with whom we have no contact - for this? It is very unlikely to be forthcoming even if I go through a third party (very very controlling EXH who hates me deeply for leaving, even with broken ribs). Or at 16 can DS decide for himself?

appt with solicitor for end of next week, but anxious, so thought I would check on here first. Thank you x

As your child is 16, you do not need your ex's consent to take him out of the country.

Thank you so very much. That is a massive relief. Thankyou!

can I just confirm - does this apply to moving to the EU as well? Not just a holiday?

It applies to taking your child out of the country to any destination for any length of time, including permanently.

Omg then we are safe. Thankyou! Thankyou!

When a child reaches the age of 16, he or she has the legal right to choose where they want to live, unless there is a residence order or child arrangements order in place that specifies the child's living arrangements. A court would rarely enforce an order against a 16 year olds wishes unless the young person is vulnerable or at risk. Good luck with your new lives x