Relocating to another country and advice please in regards to my children’s dad’s

[CMP98]

I live in the UK and have two children with different fathers. I am applying to university and should hopefully start in October, but in the future I would like to apply for jobs in the United States and potentially relocate there permanently with my children.

My eldest child is nearly 9. His father is named on the birth certificate but left when he was only a few weeks old and has had very limited involvement since then. I believe he would agree to the move as he is aware he has not really been around for almost nine years.

My youngest child is nearly 7. His father is also named on the birth certificate and therefore has parental responsibility, but he rarely sees or speaks to our son and there has been no contact for around two years. I am unsure whether he would consent to our child moving to the US.

Both children have already been to the US around 6–7 times and have said they would like to live there one day. I understand they do not really get a legal “say” at their ages, but I thought it may still be relevant.

I also want to make clear that I do not bad-mouth or discuss their fathers negatively with the children, as this is not about trying to hurt or punish either parent. Another point that may or may not be relevant is that neither father financially supports the children.

I would like to understand:

• What legal grounds I would have to relocate my children to the US if I received a job offer.

• Whether I would need both fathers’ consent.

• What factors a UK court would consider if one father objected.

• Whether lack of contact or involvement from the father would affect the decision.

• What type of evidence I should keep or prepare in advance.

I am only asking for future planning advice at this stage and have not yet applied for jobs or visas.

This is my first time posting I would like to apologise if it is not what should be posted.

Do you have a job that would transfer to the US? At present it is a nightmare to get a working visa, that may or may not change.

if you’re just starting uni then you’ve at least 3 years before you can even start thinking about this. Your child will be older, may be more settled.

given the lack of involvement and the probable age of your child if you do go I doubt there’ll be much objection, but you will have to jump through the admin hoops.

Are you a US citizen? I’d think your dream is unlikely at the moment. It’s hard even to get an H1B these days!

No I’m not a US citizen sadly, I’ve done some research into moving and what not and it’s so difficult right now :( but I’m not willing to give up - not yet anyway. Nope I would be fresh out of university (I will be studying computer science, so hope to get a portfolio going for games development in hopes to increase my chances).

You don't need any legal grounds as such. If both fathers consent you can go ahead and move. However, if either of them objects you will need to get a court order allowing the move. As the fathers have little or no contact or involvement, you should not have any problems getting an order if you need one. If either of them is seeing their child, you would need to show how you intend to maintain contact.

• What legal grounds I would have to relocate my children to the US if I received a job offer.

the court will essentially have regard to all of the facts when considering what is in the child's best interests. you'd need to provide a workable plan of where you will live, how much it will cost, what you will do for work (and if alternative work is available should your new job fall through), where the children will go to school, why it would be in their interest to move to the US rather than stay in the UK, how you will ensure their relationships with their fathers (if any) are maintained

• Whether I would need both fathers’ consent.
yes, or a court order

• What factors a UK court would consider if one father objected.
pretty much the above. i can't see the court really siding with either father since their contact with the children is limited

• Whether lack of contact or involvement from the father would affect the decision.
yes, i can't see a judge being sympathetic to a dad who has chosen not to see his child, if that dad were to oppose the move on the basis it would mean the child is too far away etc

• What type of evidence I should keep or prepare in advance.
evidence of the above. start compiling details of (a) your plans for the future and (b) the children's current relationship with dad(s) and any documentary evidence

credentials: i'm a family solicitor. relocation cases are generally each decided on their own facts, and the child's best interests will be the court's priority (as in all children matters), so you basically need to evidence why and how their lives will be better there