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Can my Ex take DS abroad?

5 replies

BrassyLocks · 27/02/2020 15:01

My first NC post, as first time I could do with some advice on a sensitive matter. DS is 8 and we live in the UK. Ex-H lives abroad. He doesn't have contact, but if he were ever to seek it would the courts allow him to take DS out of the country, or would he have to see him in the UK?

This may never happen, but I'd like to know what to expect just in case. All advice appreciated.

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Lizadork · 27/02/2020 19:40

Courts likely would aim for a relationship between the father and child to be established in the UK, before any talk of travel is even considered. A consistent relationship over a set period of time.

Depending on where ex-husband is now, you might want to check that countries child abduction laws because it is doubtful a court would grant permission for child to be taken to a country that hasn't signed up to the Hague Convention. Google list of countries that are part of the Hague Convention regarding international child abduction.

BrassyLocks · 27/02/2020 21:12

Thanks @Lizadork. So do you mean the court would want to see regular visits to DS in the UK first?

Ex-H's country is signed to the Hague Convention but he has no job or home, so I guess the courts would take that into account?

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BrassyLocks · 28/02/2020 10:49

Does anyone else have experience of this? If ex-h lives abroad, then how can the court assess his living conditions? I don't fear ex will kidnap him, but I do worry about the influence he may have on him if he were to take him away for days at a time without me.

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Lizadork · 28/02/2020 11:35

I am not an expert but common sense would dictate that their relationship can be built on calls, video chats, emails over time etc but that it is the physical contact that would establish an ability to actually parent. Seeing each other consistently in person, actually spending time together (otherwise just argue to keep the status quo of indirect contact). I think it would be easier for an Every Other Weekend UK parent to take child abroad than a non-resident of UK that hasn't had physical contact in a while.

Also the older your child gets the more their views and opinions will be taken into consideration.

BrassyLocks · 29/02/2020 14:55

That's reassuring. I think I was just having a wobble but my rational mind tells me it's not going to happen.

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