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

Kimberley82

Lotus-eater wrote: »

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

true, but my parents did it for me and my siblings, it can be done, as a parent you need to put your children first.

Flower08

Hi OP,
12 years ago when I was 10 my mother (who I lived with) married my step dad after he found out he was to be posted to Germany with the army. I remember she had to go to court because my dad wouldnt give permission for me to go, from what my mum said she was in court for literally 2 minutes - they had no reason to doubt she was a good mother etc and said so long as my father continued to have access I could go with my mum. I would imagine it would pretty much be the same with your friend.
Its a shame, but he will still get access (or at least should!).

ETA: forgot to say I was asked what I wanted and I wanted to stay with my mum anyway, this may be the case with your friends child.

mookiandco

Flower08 wrote: »

she was in court for literally 2 minutes - they had no reason to doubt she was a good mother etc and said so long as my father continued to have access I could go with my mum. I would imagine it would pretty much be the same with your friend.QUOTE]


I'm afraid it will be alot longer than 2 minutes these days! I would estimate atleast 5 months if not longer before the court make a decision in the event that a father objects. It can take 3 - 8 weeks for the matter to be listed for an initial hearing. At the first hearing, no Order will be made unless father agrees. The children, mother and father may have to meet with CAFCASS (court and family welfare officer) to discuss their views.

Sometimes CAFCASS will be required to provide a statement making recommendations regarding whether mother should be able to go. A CAFCASS report takes between 10 to 16 weeks. The mother will have to file a lengthy statement setting out her plans with evidence of schools, place to live, her employment etc etc in readiness for the next hearing. Dad will have to file a statement in response.

The matter will be listed for a final hearing where both will have to give evidence and the court will make their decision then. Final hearings are usually listed for a day (sometimes more if its complex). To get a 1 day hearing at court these days you often have to wait 6 to 9 months.

Flower08

mookiandco wrote: »

. To get a 1 day hearing at court these days you often have to wait 6 to 9 months.

:eek:Blimey! How things have changed, we only found out we were being posted to Germany 7 weeks before we went, and in that time my mum had to get the permission - seem to remember it being fairly simple. Didnt realise things had changed so much! Thank you for correcting me though, wouldnt want to give wrong information.

ailuro2

It's in the three years old thread that the mother wants to take the kids to Germany - if you read back a few posts you'll see new info posted today by someone else in with a question in a similar vein.;)

btl

I have joint custody,Now my ex wife want to take my 2 children to live abroad because of her job,can I stop her from taking the chidren live abroad

FBaby

If you have joint custody, I am assuming you have parental responsibility. In this case, and if you have good suspicion that your ex is about to take your children to live abroad, you can go to court and request a prohibitive step order that will stop her from doing so.

You might want to google and read on it. It will then be up to her to go to court to justify why she is moving abroad. I believe things can go either way depending on her reasons. She would need to justify the move has been well planned, that she has things set up for the children (school etc...), that she will be able to support herself and the children. She has a better case if she has a good reason to move (been offered a good job abroad despite being on benefits in this country, that she is following her husband who has no choice but to move abroad etc...).

Saying all that, the fact that you have joint custody would seriously go in your favour, especially if the children are beyond toddlerhood.

I would contact a solicitor asap.

Snowflake12

Hi
I am trying to find out how you apply for permission to take children abroad?
Can this be achieved without a solicitor or is it too complicated?
When applying for residency order the court always look at child's welfare and I believe base there decisions on the child's physical and emotional needs taking the contact with father into account.
I also understand at a certain age they take the child's "wants" into consideration.
Does anyone know what the criteria is that the court bases it's decision on? I know whether you have someone where to live , you have a school ready, job etc. presumably if you offer to be flexible with contact all be it being in blocks rather than fortnightly or weekly contact - this helps.
What are the chances in favour of being able to take a child if you were never married, father has never lived with child but does have regular contact and does pay?
Many thanks for any advice

fluffnutter

missjennipenni wrote: »

fathers to children born after dec 2003 automatically have PR.

Provided he's on the birth certificate. It's not automatic if the mother registers the birth herself and doesn't include the father's details.

FBaby

The fact you were never married in the first place is completely irrelevant. It is impossible to know how a judge decision would go because many factors would be taken into account.

The general rule as stated above is that the parent moving abroad with the children have to make a good case that doing so would benefit the children despite the distance, so to start with, it will very much depend on the country (much easier to arrange regular contact if moving to France then Australia). If the mother is struggling where she is, but can show she could offer a good stable life abroad, but shows eagerness to arrange, financially contribute towards contact, that will go in her favour.

If however the nrp can show any evidence that the reason for the move is to discourage contact between himself and the children, the children don't want to move, and the nrp can make a case he could care for the children, it might be another matter.

You can google cases and you will see that some have been granted and some denied. Some might come as a surprise.

I would definitely advice to seek the help of a solicitor and build a very strong case before making the request.