Can I move abroad?

[user1498586998]

Bit of background, I have a 2yo, me and ex split when DC was (x) months old due to DV. Ex hasn't had any interest in DC, no visits no calls/emails or any other attempt to be in contact. No maintenance payments either. I went to court at the time of the split and got a residency order, ex didn't attend any court dates, didn't challenge anything. He is named on the birth certificate. Is there any way I would be able to move abroad legally and what steps would I need to take to do so? I want to move on with my life and make the best life for Dc.

Just go, don't tell him or anyone who knows him & leave.

He can only stop you if he knew & took you to court.

Checkingusername. That is appalling illegal advice if the other parent has PR. ! (was he named on the bc ? Or Were you married ) .

If you have a residence order you may take your child away for up to 28 days. If you move abroad it's called abduction and you can be in really serious trouble.

Do it properly. Apply to the court for permission to leave the jurisdiction. If he doesn't have any input he won't bother to oppose it - and if he does he will probably lose.

I have defended an attempt to remove so please pm me if you need specific tactics .

Thank you kittens. That's exactly what I don't want to do, I've done everything by the book so far and that's how I plan to do it. I've done a bit of research it seems the only way would be court.

It really is. Cost you £215 for application to remove. Fairly straightforward. Hard to get approval from a court if other parent had regular effective contact and full input as parent. (Our case - hence mother was refused) but your situation is the opposite and therefore not likely to be a problem.

If this guy had no input in the child's life & clearly doesn't give a shit.....how is it illegal??

She can go where she likes, if she moved and he came looking in years to come and took her to court, the courts would ask him why he didn't bother until now!

It isn't illegal until someone challenges it, he doesn't bother.

No way would I go to court to ask for permission, I'd go.

I just worry because he's named on the birth certificate so if I move to another country with him wouldn't they question where the father is/conformation of agreement to letting him leave the country for life?

No way
Hague convention
You'll be arrrsted

I certainly don't want to be arrested and as he's had zero input physically, emotionally and financially I very much doubt he will contest..only to be controlling but I guess that's what court is for?!

Sweatingmytitsoff. I would imagine there are a whole host of really good reasons why one parent cannot abduct a child and take them over seas without the courts permission. Because for every reasonable situation- like the one the OP describes, there are a whole bunch of crazy parents out there who's concept of 'no input' needs to be checked out by a court, before a child can be removed to a country that may well not be recognised under The Hague Convention.

My DH's ex wife tried to tell the court that DH 'had no effective contact' when she tried to move the two youngest to Hongkong. This - despite them having EOW contact EVERY fortnight for 10 yrs, (except the two periods that she withheld them and we had to go to court for a contact order, then enforcement- twice ). AND the two eldest getting so fucked of with the bs craziness and attempts at alienation, they moved in with us full time and visit their mother every other weekend... So. Not every resident parent should be believed at face value and allowed to skip off abroad.

Dd1 also had a friend at school who's father tried to take her to Pakistan aged 15 to marry her 27 yr old cousin (and get him in to the UK) . He was questioned at the airport and told them 'mum was dead'. Luckily the girl heard and piped up. He was refused boarding without mums consent - and alert airport staff referred to social services. Mum and Daughter put in to protective custody to stop him abducting.

Personally I would rather have the law that inconveniences many than have one child abducted.

It isn't illegal until someone challenges it, he doesn't bother.

Errr Yes it is.
You obviously have absolutely not even the basic grasp of how the law works.

So if I steal something, that isn't illegal unless I get caught. ?
If I murdered someone it isn't against the law if I'm not apprehended ?

'Against the law' means there is a law written down and approved by parliament. It's a rule you must not break. If you do anything 'against' it. - that is 'against the law' and you will be punished - if you are caught. If you are not caught, it doesn't make it not illegal.

The law in this case is The Child Abduction Act 1984. The relevant law is this ;

The Act makes it a criminal offence for anyone “connected with” a child under the age of 16 to “take or send” that child out of the UK without the appropriate consent. “Connected with” includes parents, guardians or a person with a residence order or custody of the child. “Appropriate consent” is the consent of the mother, the father (if he has parental responsibility), the guardian or anyone with a residence order, parental responsibility or the leave (permission) of the court.

I know you wouldn't dream of it OP, but it appears some posters don't have the first idea - in fact think it's a good idea to post advice that could end you up in prison !
Hope it all goes smoothly and you get your new start.

If he does attempt to prevent it - you can self represent very easily. My advice would be to focus entirely on the additional support to raise your child that you will have in the new country. Do not start on about 'lifestyle' the court is interested in the child having an effective relationship with both parents (I know, I know) not if S/he will be able to ride unicorns twice a week because its so cheap.... so on that basis look willing. Offer twice weekly skype calls so child can start to develop a relationship. Offer for him to come and see her supervised every 8 weeks. If he has just decided to be awkward , he will soon stop any attempt at forming a relationship and stop at the Skype calls. If he is genuine and making a second go at being a father then it's only to your child's advantage. Skype can be the best way for that to happen -slowly. ( but we both know he won't be arsed - so all academic really)

Thank you for your posts. The last thing I would do is something illegal especially as I am a registered professional! I just want to have a better life abroad for myself and my DC. As much as I don't want that useless abusive ex to have anything g to do with DC I wouldn't stop contact and that's certainly not the reason I want to move!

Well done you for doing the right thing. In the right way. The chances of him even responding are slim. But it will feel especially good to leave knowing you have all the correct paperwork.

The other way to look at this is optimistically.. if he does object it might be a sign that he has grown up and wants a second chance to be a father. The court probably won't stop you going ( incredibly unlikely ) but it might give your child an opportunity to develop a relationship over Skype which MIGHT develop into something if he sticks at it.. I would t hold my breath though !