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I want to live with my daughter abroad where I am from but my EX , her Dad is not letting me

286 replies

Yuu101 · 03/08/2024 18:06

My ex and I separated five years ago, and we have an eight-year-old daughter.

I had to take him to court because he only wanted to be a dad when it suited him. The court has now ordered that they see each other every other weekend, and we share holidays and school breaks.

He drives 60 miles every time he picks up our daughter, and his petrol costs are deducted from the child maintenance he provides.

I now have two other children with my partner, and we are planning to relocate temporarily abroad to my home country. Living costs, especially for childcare, are very high in the UK, and we have no family here to rely on.

In our new location, I have siblings and extended family who can help with childcare. Our money will go further there, as my family owns a house we can live in, and my partner is expecting a lump sum of inheritance soon.

Neither my partner nor I will need to work anymore.

I told our daughter about our plan, and she wants to come with us.

I informed her dad, and he said he’d prefer her to live with him because he doesn’t want to lose their bond, which I understand. However, apart from following the court order, he makes no extra effort. She often ends up stuck on her gadget at his place.

Our daughter expressed her feelings to him, but he ignored her.

I have a new partner and two other children to consider, and I can’t leave her behind when she complains about being bored at her dad's. Additionally, he has a wife, a daughter, and another baby on the way. His mom also lives with them.

I know I need to apply for a C100 and take this matter to court since her dad isn't willing to compromise.

Has anyone experienced court proceedings like this? How did it turn out for you?

Thanks.

OP posts:
Yuuh · 03/08/2024 23:41

MonsteraMama · 03/08/2024 19:58

Genuine question, what will you do if the court refuses and says she can't be moved abroad (which is the overwhelmingly most likely outcome)?

You say your current partner plans to move no matter what, so what happens with him and your other two children? Will you and he separate, or will you genuinely leave your 8 year old child behind and skip off into the sunset with your new family?

We are 100% staying. I am asking how it normally pans out in court to any who has experienced this, Clearly I am not very good with words. People judged too quickly and think because he sees her twice a month ( been ordered to, normally cancels) that he is a very present Dad.

He knows the consequences of not following the child arrangements order so he is trying to avoid this. If my daughter wants to do something and it falls on his weekend, he won’t let her unless we drop her off to her (per say a friend’s party on a Saturday).
I bought our daughter a phone so I can contact her. I would have thought he would make an effort of calling her even every couple of days. This does not happen. He only speaks to her when he is with her. My daughter is starting to see this and have relayed her frustrations on the matter. But I always just say he is busy or tired from work.

Anele22 · 03/08/2024 23:42

Yuu101 · 03/08/2024 18:53

He went on holiday abroad for four months and did not contact her at all 🙂‍↕️

he would cancel on the day and it got worst when he knew I was dating someone new.

he was very abusive and was shaming me on soc med. I was so stressed and depressed at that time that one of my friend suggested to take him to court to avoid anymore dealings with him as he has to follow the court order.

Had I known about this move, I wouldn’t have bothered with the court order.

So he’s had a limited relationship with her and he’s a bit of a shit too. But you want to move away and leave her living with him. Astonishing. Your poor daughter.

Mirabai · 03/08/2024 23:45

Anele22 · 03/08/2024 23:42

So he’s had a limited relationship with her and he’s a bit of a shit too. But you want to move away and leave her living with him. Astonishing. Your poor daughter.

No, she wants to take her DD with her, hence the thread.

Yuuh · 03/08/2024 23:46

Soontobe60 · 03/08/2024 20:20

It’s absolutely disgusting that you have brought this up with your DD. She’s 8 years old for goodness sake! What were you thinking?
In legal terms, a court would be very reluctant to agree to this and could also consider that you’ve unduly influenced her in order to cause parental alienation. I guess youre not married to your ‘new partner’, and that the other 2 children are his? If the country you want to move back to is so amazing, what brought you to the UK? Also, no Barrister would have advised you to withhold telling your ex about the move until it was sorted.

If you read properly, I spoke to a Solicitor and they told asked me to ask her of her feelings on the matter. Apparently at the age of 8 CAFCASS takes their feelings into account.

Also, yes a Barrister advised me not to say anything and just take my EX to court again nearer the time we are moving. It is up to you whether you want to believe it or not.

I have asked for a proper advice because as you probably did not notice because you are so focused on judging me, I am not 100% sure on how it pans out in court.

D

Yuuh · 03/08/2024 23:48

QueenOfTheNihilist · 03/08/2024 23:35

You say you have your new partner and 2 other kids to consider.., but you had your Dd to consider when you had two new kids, kids that you and your DP seem unable to afford here.

I can’t believe you even hinted to your 8 yo that you would be happy to leave her behind if she was happy with her Dad because you have the others to think about.

Poor, poor child.

What will you do if the judge says you can’t take her?

Edited

Please read the other responses.

We will not be going anywhere without her.

Solicitor have advised me to see what her feelings are in the matter. At the age of 8 , CAFCASS gets involve and take their feelings into consideration (hugely) .

Yuuh · 03/08/2024 23:50

cauliflowercheeseplease · 03/08/2024 23:37

You might be alone in this country but your daughter isn't.

She will have friends at school etc and she may complain her Dad leaves her to her own devices when he has his time with her but ultimately, he's still her Dad and he's sticking to the court order that was put in place. If he was cancelling his time with her constantly then it would be understandable but he's not.

I understand this. I will leave the court to decide and go from there :)

Yuuh · 03/08/2024 23:53

Anele22 · 03/08/2024 23:42

So he’s had a limited relationship with her and he’s a bit of a shit too. But you want to move away and leave her living with him. Astonishing. Your poor daughter.

I don’t ever want to leave my daughter with him. I told my daughter that to make her feel that her feelings are also valid if she does want to stay but ultimately I would want her to come with us. This is why we are spending time , money and effort to go through the court

Greytulips · 04/08/2024 00:01

I hope you are keeping a diary of missed dates etc.

I hope you have emails and text messages.

Im not sure why people keep saying it’s impossible, it’s not.

He gets 50 days a year when he takes them.

half the holidays is 7 weeks, so 49 days - same amount of time:

Watch, the first thing he’ll companion about is ‘having to work’ and can’t afford childcare -

cauliflowercheeseplease · 04/08/2024 00:03

Yuuh · 03/08/2024 23:50

I understand this. I will leave the court to decide and go from there :)

Good luck OP, I hope it all works out for you

SaintHonoria · 04/08/2024 00:08

'I said to my daughter is she wants to live with her Dad that is okay with me as I appreciate that this decision is base on what is best for the whole family. My partner and my other two children considered.'

What a horrible thing to say to a little girl.

Both her parents have children with other partners and she may already feel insecure.

You should not be discussing potentially life changing situations with her and nor should be so callous to suggest that it's ok if she goes and lives with her father whilst you and your new partner and her half siblings bugger off to a better life.

A loving mother would fight tough and nail to keep her child.

Yuuh · 04/08/2024 00:09

Greytulips · 04/08/2024 00:01

I hope you are keeping a diary of missed dates etc.

I hope you have emails and text messages.

Im not sure why people keep saying it’s impossible, it’s not.

He gets 50 days a year when he takes them.

half the holidays is 7 weeks, so 49 days - same amount of time:

Watch, the first thing he’ll companion about is ‘having to work’ and can’t afford childcare -

I demanded in court that we communicate through email so I have all the paper trail.

It’s hard being a parent and being a good one at that without people jumping into conclusions and throwing nasty words without reading properly the responses.

I will ultimately leave this matter for the court to decide and her Dad continues to refuse and need to make sure to get a good Solicitor!

Clearly, the Solicitor I asked for advised is sacked!

Fluffyhoglets · 04/08/2024 00:11

I haven't direct experience but knew someone who wanted to move abroad with new husband and two kids from previous marriage. Kids were older than your dd (about 10) and one didn't want to go. The dad applied for a prohibited steps order to stop mum moving and taking child but the court ruled child should move with the mother.

Yuuh · 04/08/2024 00:11

Businessflake · 03/08/2024 23:35

My children are 8, 3 and under 1. I currently work 25hrs a week which means that all of them go to Nursery.

So does your 8 year old actually go to nursery, or have you conveniently forgotten about your eldest child?

I clearly have not forgotten her. This is why I’m going through the court proceedings? 😅

ButtonMoonLoon · 04/08/2024 00:14

Yuuh · 03/08/2024 23:33

Did this involve other children that are not related to the actual Dad?

Will the court take into consideration my other children too or not?

Yes it did, she had another child with her new husband.

The courts considered only the needs and best interests of the child shared with her ex partner.

BingoBangow · 04/08/2024 00:14

Don’t move your DD to another country away from her dad. You might think it’s for the best in the short term but it won’t do her relationship with her dad any favours and will affect her in the longer term.

Yuuh · 04/08/2024 00:16

SaintHonoria · 04/08/2024 00:08

'I said to my daughter is she wants to live with her Dad that is okay with me as I appreciate that this decision is base on what is best for the whole family. My partner and my other two children considered.'

What a horrible thing to say to a little girl.

Both her parents have children with other partners and she may already feel insecure.

You should not be discussing potentially life changing situations with her and nor should be so callous to suggest that it's ok if she goes and lives with her father whilst you and your new partner and her half siblings bugger off to a better life.

A loving mother would fight tough and nail to keep her child.

isn’t this why I am taking her Dad to court? Coz I am fighting for her?

sodisappointed24 · 04/08/2024 00:16

I said to my daughter is she wants to live with her Dad that is okay with me

sounds like you’d be quite ok with dumping your 8 year old daughter so you can head off into the sunset. Poor kid. She sounds like an inconvenience to you.

Yuuh · 04/08/2024 00:19

cauliflowercheeseplease · 04/08/2024 00:03

Good luck OP, I hope it all works out for you

Thank you very much. It might not seem it but I appreciate all the honest responses especially those that are very useful.

It is nice to see things in other’s people perspective as we sometimes get so caught up on our own views.

Yuuh · 04/08/2024 00:21

sodisappointed24 · 04/08/2024 00:16

I said to my daughter is she wants to live with her Dad that is okay with me

sounds like you’d be quite ok with dumping your 8 year old daughter so you can head off into the sunset. Poor kid. She sounds like an inconvenience to you.

Edited

Did you read the post that I’m actually taking her Dad to court? She isn’t an inconvenience to me. Never have been and never will.

Her Dad is a different matter 😂

suburberphobe · 04/08/2024 00:30

leaving at 8 and coming back at 13 would be really tough, socially and educationally.

As someone who grew up in 3 different countries, I call bullshit.

OP it's confusing that you have changed your name mid-thread.

Anyway, I hope it all works out for you. Loads of kids grow up without one of their parents around. (Like mine who's now an adult). They do fine.

Lots of pearl clutchers on this thread.

Yuuh · 04/08/2024 00:52

suburberphobe · 04/08/2024 00:30

leaving at 8 and coming back at 13 would be really tough, socially and educationally.

As someone who grew up in 3 different countries, I call bullshit.

OP it's confusing that you have changed your name mid-thread.

Anyway, I hope it all works out for you. Loads of kids grow up without one of their parents around. (Like mine who's now an adult). They do fine.

Lots of pearl clutchers on this thread.

Sorry, I actually got so emotional about people telling me how much of a useless, piece of crap of a Mom I am that I deleted the post and my account only to realise the post does not delete straight away!

I moved cities 3 times when I was younger too and moved her to the UK when I was 14.

I have so many experiences that people would normally just dreamed of because I lived in different places.

Thank you for the well wishes. It’s well appreciated

Bigcat25 · 04/08/2024 02:01

OP,

I'm sorry my words were so harsh. I'm sure you love your daughter. I'm just extremely against parental alienation (kind of a trigger for me) and I stick things through, so I probably wouldn't consider a change or move in these circumstances but maybe it isn't a bad thing.

I think the way you explained things came off a little strange, ie, the example of the inheritance not going very far here, when it is clearly a huge sum and you both have jobs.

Ellieostomy · 04/08/2024 04:11

“And Yes, I had to discuss it with her to know her feelings on the matter. If she’s not to hesitant in living with her Dad, I would not be asking this question.”

you said this in one of your first posts, but are now saying you wouldn’t leave your daughter?

EliflurtleAndTheInfiniteMadness · 04/08/2024 06:44

I said to my daughter is she wants to live with her Dad that is okay with me as I appreciate that this decision is base on what is best for the whole family. My partner and my other two children considered.
That's a completely fucked up thing to ask your 8 year old Poor kid, both her parents are putting their new families first. You might be the parent that's doing a shit load more, but you are still putting your daughter last. It would never ever be a choice between moving for my new partner and being with my child. I hope she comes through this without major trauma.

I can't imagine how any parent thinks this is OK to put their 8 year old child through. It's not putting you younger kids needs first, it's prioritising what you and your new partner want over what is best for your daughter. As if that wasn't bad enough you went and told her she could stay with her dad while the rest of you move overseas and barley see her. Give your head a wobble because this is funking nuts and not OK on any level. What kind of parent prioritises living at a beach over their child's needs? My ex has put me through years of abuse, I wouldn't move my kids away because while I'd sleep better at nights it's not what's better for them. You chose this, she didn't.

Greytulips · 04/08/2024 07:09

It’s hard being a parent and being a good one at that without people jumping into conclusions and throwing nasty words without reading properly the responses

Was that aimed at me? Because I’ve been on your side here.