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i have been seperated from my ex for 4 years and divorced for 1. i have a daughter aged 11 from my ex husband whom i have custody of. no court orders were made when we divorced as we left it as open visits for our daughter. i also didnt apply for maintainance as he said he would "contribute" which he never has. anyways i am engaged to be married to my new partner who is dutch. he moved to the UK last april but now we would like to move to holland as he has a job to go to there. (he doesnt work here) i told my ex last week and understandably he isnt happy. i also said i would bring her over every school holiday so 6 weekly. but he says he is taking it to court. my daughter wants to go and has told her father this but he is very unco-operative. i am seeing a solicitor in the next week which he advised me to do, im not sure he will even bother! but does anybody have any info on this matter or how i go about doing things, many thanks

2007-03-24 10:31:36 · 20 answers · asked by lindbert 1 in Family & Relationships Other - Family & Relationships

20 answers

yeah he can prevent you from leaving . I know lots of parents that got stuck in the area for the childs sake

2007-03-24 10:34:39 · answer #1 · answered by mommaknowsbest 4 · 0 0

I'm not sure where you are. In a lot of places - if he moves fast enough - he can slap you with a restraining order and the courts will make you stay where you are until a court order is drawn up and he gets partial custody - and the parenting time and child support are decided upon. it's odd that you got a divorce and no child custody documentation was drawn up.

One thing is for sure. Unless you make a lot more money than him - and he has weekend visitation and such - he will have to start paying child support once an order is in play.

It sounds like you've managed to get along okay for all of this time - even though he wasn't paying anything. I know it doesn't seem fair to you - but remember - he is your daughter's only Dad. My thought is that an 11 year old does not really know what she wants - or what is best for her. Do you really think that moving her away from her Dad is the best thing for her?

Here in California - parents are usually allowed to move away if they want to. It varies from state to state. Still - it sounds as if you are not even in this country - so it's hard to say.

2007-03-26 11:45:04 · answer #2 · answered by liddabet 6 · 0 0

Your ex-hubby is still trying to control the situation but dont let him move to Holland he has not contributed to your child at all and he has to prove he did you also promised he would still get to see her on holidays he has nothing to do with your life anymore and you can move anywhere you like. You have full custody of your daughter and she wants to go with you to Holland he really has no say in your happiness or life anymore let him try dont worry you will win this one for sure God Bless.lol

2007-03-24 10:43:01 · answer #3 · answered by sweetpea 4 · 1 0

No where in the order does it say, cannot take out of the county of_______? Has to have written permission to leave the state? Every divorce is different, that's why I ask. You may have to get an order stating that you are allowed to leave the country with her. You may also have to have your husbands signature for her passport and any other kind of visa to leave. Check with INS/BCIS, nearest passport office and the county clerk where you had your divorce done to see what you can do. Hire an attorney.

2007-03-24 11:32:13 · answer #4 · answered by Spring loaded horsie 5 · 0 0

If the child was any younger he would have a case to stop you taking her, however as she is now 11 years old the court would allow her to make up her own mind. So if she wants to go there is nothing to stop you. Sort out her education as a priority.

2007-03-24 10:37:07 · answer #5 · answered by tucksie 6 · 0 0

I do not foresee the judge prohibing you from moving to the UK. You have full custody of your daughter, your ex doesn't even pay child support, so he won't have a leg to stand on in court. Best wishes.

2007-03-24 10:36:18 · answer #6 · answered by Anonymous · 1 0

Definately get some professional legal advice on this! I think the biggest problem might be your custody of your daughter. However since she is old enough to express a preference, and since your ex has not contibuted much to her upbringing I would think most factors stand in your favor.

2007-03-24 10:35:31 · answer #7 · answered by danl747 5 · 1 0

If the laws are similar to those here in the US, more then likely you will not be able to move. Here we can not move more the 100 miles away or out of state without filing a petition to move......if the ex wants to fight it they can and 9 times out of 10 the person can not move.

2007-03-24 10:35:23 · answer #8 · answered by Heidi A 3 · 0 0

State laws may vary but usually yes he can stop you, even if he hasn't paid a dime, unless you can prove to the courts that your daughter is better off far away with minimal contact to your ex, or that she is in imminent danger.

2007-03-24 10:36:17 · answer #9 · answered by zombiez8me 2 · 1 0

If he didn't want you to move it would have been in the
divorce papers. He can't stop you. And you say
he hasn't been paying child support? I would
get that taken care of too. He needs to be helping
she is his daughter too.

2007-03-24 10:53:15 · answer #10 · answered by chmar11 6 · 0 0

See your solicitor and do exactly whatever is recommended. Whatever legal decision is made must be in the best interest of your child; if you approach this matter from that viewpoint, you cannot lose.

Best of luck to you, your fiance, and your daughter!

2007-03-24 10:43:02 · answer #11 · answered by MomBear 4 · 1 0

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