Can a mother take a child abroad to live without the fathers consent?

svmitche

I don't have any experience of this, so only an opinion, but while the situation is heart-wrenching for your friend, will the situation be improved by starting court proceedings with the mother?

Getting legal advice is essential, but it is also essential to think of how the child would be affected if the mother is prevented from moving with her new partner, gets p****d off with her situation and starts slagging the dad off at every opportunity. If the child lives with the mother, and at such a young age, this could be more detrimental to the dad than having the child in Germany in the first place.

I'm not for a moment suggesting that the dad should give in and take it as a foregone conclusion that the mother will be moving, but perhaps some kind of dialogue with the mother should be attempted (if not already) to let her know what a wrench this would be as often the effect on the dad can genuinely be overlooked - if he told her honestly how he felt about it she might be able to come up with some ideas as to how to continue and prolong contact with the dad and be co-operative in this. If she is subject to a court order she might be the type of person that would keep within the letter of the law but go no further to help the dad stay in touch.

As I said, it should by no means be taken as a foregone conclusion and legal advice is essential, but perhaps approaching the mother to find an amicable solution, whilst armed with legal advice would be the first approach.

Hope it works out well whatever happens.

aimex

Short answer is yes unfortunately. If he is on the childs birth certificate he will have PR and therefore if he does not agree to her taking the child out of the country she will have to make an application to the Court for permission to do so. He can fight this to some extent but the liklihood is that if she can show that there are plans in place for schooling and accomodation and everything has been adequately and properly thought through by her then she will get permission to leave x

lynds35

I also need help but from the other end of your situation, I am hoping to move to Australia with my two children aged 9 & 15 with my new partner of 2 years.
My ex partner and the father of my 2 boys is on their birth certificate but he doesnt have PR. He has never paid me any money for their upbringing, I have debts outstanding with the CSA of over £8000 - can he stop me moving away and finally making a better life for me and my children???
Somebody please help as to get our visa will cost over £3000 and if it means he can stop it at the first hurdle it's a large amount of money to invest and lose.
Thank you

RAS

Start your own thread, please.

flutterby_lil

Does he see the children? and has he said you can't take them?

heretolearn_2

You have to wonder at some people.

After I got separated, I was given the opportunity to move about 250 miles away. I turned it down as there was no way I would make my son suffer being so separated from his father. I think parents should put the kids first.

I know the situation is different if the other parent is already not involved much, but if they are keen to have a relationship with their kid, why would you be so selfish as to make your child suffer?

Lotus-eater

heretolearn wrote: »

I know the situation is different if the other parent is already not involved much, but if they are keen to have a relationship with their kid, why would you be so selfish as to make your child suffer?

On the other hand, what happens if you meet someone and fall in love, then his job takes him away?

Kimberley82

Lotus-eater wrote: »

On the other hand, what happens if you meet someone and fall in love, then his job takes him away?

You put your child before yourself. If he loves you that much he will stay with you.

mookiandco

Technically if he hasnt got PR you dont need his consent. However, if he has contact with the children, then it will be a very small step for him to make an application to the court to get PR and with that a Prohibited steps order preventing you from taking them away. If he doesnt consent then you will need to make an application to the court for a specific issue order for the court to determine whether you should have leave to remove the children from the jurisdiction permanently. You will need very solid plans and show that in all of the circumstances it is in the best interests of the children.

You have to be quite careful because if he is feeling spiteful he can allege child abduction which is a Criminal offence and the police could stop you leaving the country with them. Also even if you take the children, he could make an application to the high court to make them Wards of court and an Order for their return to the UK. There is a reciprocal arrangement with Australia which means that they must recognise and act upon any UK court order. Therefore if the UK courts order your return, you must do so. I would err on the side of caution and seek legal advice.

I have in the past obtained permission for a mother to take her child to Australia to live even where the father was having contact with the child because essentially the benefits to the mother and child in that case outweighed the benefits of the regular contact. In that case the mother offered to payfor the father to fly over once a year for the summer holidays and the mother flew to the UK every christmas or Easter during which the child stayed with the father. The mother also set up a web-cam for the father to speak to the child and sent photographs every month and the childs school reports etc.

Lotus-eater

Kimberley82 wrote: »

You put your child before yourself. If he loves you that much he will stay with you.

Life is always so cut and dried when you are sorting out others problems on the net, real life is alot more grey.