Legal Question in Family Law in United Kingdom

Living abroad with my child

I have a 3yrd child with my ex husband and i am looking to move abroad to Europe with my child. My ex husband has told me he will fight me all the way to stop me from going. We have joint custody of my child but he lives with me. My ex does not have set days he sees him and sometimes goes 6 weeks without seeing him. I would like to know if he can stop me and my child going and if he does how do i go about detesting this.

Asked on 3/17/07, 9:35 am

1 Answer from Attorneys

Andrew Dutton Legal -Zone

Re: Living abroad with my child

Your former husband will have parental responsibility for your child and his written consent must therefore be obtained before you may move overseas permanently with your child to live.

When this consent is not forthcoming you will have two apply to the court by way of an application for a specific issues order seeking leave to remove your child from the jurisdiction. Such leave will usually be granted when the plans for the child are well thought out and clearly in the child's interest

It is quite possible for you to deal with such an application yourself. Legal-zone have available from their website a package containing all that is needed. We also have an audio package for a nominal price containing chapter and verse on the law and considerations of the court relevant to applications for removal from the jurisdiction.

Andrew Dutton

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Answered on 3/19/07, 6:30 am

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