dual citizen Wishing to relocate. Son hasn’t seen his dad in 3 years can he stop me?

[ThatPunnyPlumCrab]

Hoping to get a little bit of advice

currently preparing to do specific issues order around moving back to Australia where I was brought up.
Son has citizenship through desecent and hasn’t seen his dad in over 3 years. He can’t remember him at all as he’s only young as it is.
there is a history of domestic abuse which has been well documented with evidence and solicitors in the way of coercive control and a long list of times police have had to be contacted to log incidents.
have done mediation before and the agreement lasted 6 weeks with him not showing up on 2 occasions and returning son early every other time.

what are the chances the courts will look favourably of being able to move to Australia where I have got a job offer for considerably more than I earn now and can provide a far better quality of life

I found this response from a solicitor after someone else had asked the same question. It looks like you really would be best to seek his permission, and get your own legal advice.

Thank you for the screenshot. Definitely going to go about it in the correct way I was just wanting to see if anyone had any success stories to give me a bit of hope! Thanks again

I have been given the advice regarding this previously, in my situation I did not relocate but this is what I was told: you need to seek his permission first, if he refuses, you need to go to court. If you can prove he did not see his kid at all for 3 years because he did not make any effort (and that there was also DV), and you could prove that after a move your kid's life will improve (closer to relatives, for example, better career options for you) the court is most likely will say you can leave. If your ex suddenly decides he want to see his son the court might request some sort of a contact arrangement (calls, a holiday once a year) but again, they might not. Get a good solicitor and good luck.

Thank you. That’s more promising than just the legal guidelines on what steps to take etc. if I have no way of contacting him and no idea of address what do I do then?
i have previously been told I need not to mediation because of the abuse

That’s right, mediation isn’t suitable where there has been abuse.

I think the best route for you would be to find a good family solicitor and get their advice/ guidance. If you are in London, I could DM you details of the firm I used.

I’m not in London but not too far so would love their details please, thank you

Hi

I am in a similar situation! Father of my child "Narcissist" left me a month after we married and I was 6months pregnant back in 2015 Marriage was annulled a year later.

In the D81 Financial consent order comment he wrote that he does not believe child is his and does not want to be involved with his upbringing.

Now I am looking to move abroad back to my home country with my 8 year old. All are reasons based on a better life for my child and I have also bought my own apartment near school and loads of child activities near by.

I have tried for the first time in almost 10 years contacting him, I asked if he received the solicitors letter which he replied no as he does not live at this address any more and only visiting family B.S. He said that what he signed previously was enough and asked me to leave...

I have gotten in contact with my solicitor who has written an amazing statement for me and sent off attaching this with the C100 form asking for Specific issue order - Lives with and Relocation, sent off to court on the 20th March.

I am hoping all will be sorted before July as I have already booked tickets. My solicitor said that all should be ok but not convinced. My solicitor also wrote in the statement that my son will be starting School in September 2024 so I am hoping this will nudge things along.

I feel that i have put one thing to bed and that is he still is a total A$$ whole and most importantly does not wish to still be involved with my son as this would have thrown an even bigger spanner in the works!

Have you possibly had an update on your situation?

Thank you X

Hello, I’m so sorry it has taken so long to respond. I was in the midst of court etc.
I was thankfully granted permission to relocate AND change my son’s surname. My ex did not show up to court the first time, and then they served papers again to the same address including that they are within their right to make final orders in his absence

he did not show up on the second occasion so they approved what I had requested.

good luck with your situation

Hey 🥰
I was also Granted relocation and lives with order yeah!! Also I can make decisions with no recourse to father 💪🙏 it took 6 horrible stressful months and over 10,000 but what the hey. 😁

Congratulations! It’s a small price to pay for freedom though isn’t it. Congrats to you and your little one. As the judge said to me ‘have a happy life’

Hi

Yes it is! Bottom line is we won our freedom and we can give our child a better life. Congratulations to you too 💪🙏🥰