how do i stand legally I'm divorced with two children and my ex wants to take them to live abroad.?

Question

its my boyfriend with this problem not me.

thank you thank to everyone that has replied to this dilema we have booked an appointment at the soilicitors today wed. hopefully my boyfriend will get the answers he is looking for. x

Answer 1

are you uk based? if so your boyfriend needs to apply for a prohibited steps order.. this prevents kids being taken whilst a court hearing and evidence is sorted..this is assuming he wants to stop it and wont give consent... if he has parental responsibility..that is if he was married to their mum at their birth she needs his permission or a court order. she then has to state her case which must be well planned to the court and also your boyfriend does the same..then it is up to the judge..the children depending on their age maybe seen by a court officer(cafcass) to determine thier wishes.

Answer 2

if you have joint custody you could argue the point, if it would be for their benefit have them all summer, easter and christmas, all the nicest times and carry on with your work, you probably didn't see them that much anyway if you worked full time. i am sure an amicable arrangement can be found, and of course your children can appeal to social services or somebody and say that they want to stay in the u.k. with you, and then youd probably have to agree to let them go in all the holiday periods, some kids are at boarding school and only see parents in holiday times, must say though how far abroad!!!! Europe not too bad, any further !!! debateable..... mostly put your children first and their happiness, not what u want.... ask them? talk to them, and all may be clearer, I separated with my hubby although we are back to-gether and we had joint custody, and we both had to sign forms that we would neither of us remove her from the country!!! it would have been easy for either one of us to take her, she had her own passport at a young age because we have family in L.A and she went as an escorted child!...

Answer 3

Well Nicola I believe that a lot of it has to do with how your custody and/or visitation rights are spelled out in your divorce or separation agreement. You would be wise to speak with a family court lawyer and ask them if she can legally make this move. You may be allowed to put a damper on this move as it would take away your right to parent your children. Please investigate your rights thoroughly with a professional and don't just take the advice of a lot of strangers on here. Best of luck.

Answer 4

I took my 2 older children from england to ireland , my ex didn't want me to but he realised we had to, and he said he wouldn't fight it. however i do know of another lady who took her children to seden from england and her ex fought in court and lost! he didn't have a leg to stand on, i expect thats why my ex didn't fight it either perhaps he asked a solicitor and realised he didn't have a chance.
On a more possitive note, we have been in ireland just under a year now, and the boys dad visits,at least once a month usually for a day. Also the kids have had quite a few 4 day holidays with their dad and a couple of 8 day hols too. he could have had ,more but he uses most his hol with his new wife.
Hope all works out, where are they moving from and to?

Answer 5

It all depends on what your custody agreement says. If you have full custody of the children, then you'll likely be able to move....if the agreement says nothing about traveling or moving out of state and you think your husband will fight it you will need to return to court to amend the agreement. If you show proof your job is moving you to Florida, and the benefits of moving (i.e.having a job, providing for the kids, etc) then the judge will not likely stop you from moving. All your husband can do is give his reasons for him wanting you to stay....

Answer 6

because you were married your ex has automatic parental; responsibility.
this means he doesn't need your permission to take the children abroad. however if you have concerns about him returning them you can apply for an immediate court sitting to prevent him from taking them out of the country.

a judge will listen to his side of the story and he may allow him to take the children.

it will become the judges job to decide if the kids are in danger or if it's just turning into a nasty situation.

remember you and your ex are adults. you can take care of yourselves. the kids are the important thing when making such massive decisions x

Answer 7

Depends on who has primary custody through the divorce process. Sounds to me like you need to get in gear and go to the lawyer before your ex takes your children , and oh what a mess that will be !!!..Protect your children

Answer 8

No way. Your decree of dissolution likely sets forth parameters of where either party can move the kids. I doubt that it allows the kids to be moved out of the country. Review it and consult a lawyer about your rights. Even if the decree is silent consult a lawyer ASAP. You should avoid taking action after the move. Now that you know of her plans it is time to act.

Answer 9

In most states,divorced parents can't take their children out of state.

Answer 10

More than likely she will not be permitted to move them overseas without your consent. You have to have reasonable access.

You should file to prevent them from leaving the country.