Taking my child abroad for 4 months

Hi,

I wonder if anyone can help.

I live in England and am now in the financial stage of my divorce. I have to go abroad for 4 months to complete my university degree.

He agreed and signed the visa papers. Now he is refusing to allow me to take my child as he claims she will miss school.
The school have agreed to let her take time off and keep me posted with her work so I can tutor her at home.

I have to leave in two weeks and I am scared I don't have time to do anything and all my tickets and plans hav to go to waste.

Thanks.

Hi there

If he is now refusing to give his consent you need a specific issue order, and you will need to apply on an urgent basis.

Download a C1 application form, complete it and go to the court with it with a cheque for £175 made payable to HMCS. Draft yourself a statement setting out your plans and his withdrawal of consent.

Ask the clerk for an ex parte hearing that day. You will have to wait while a judge becomes available, and you will not obtain a full order that day, but it will mean that your process is kick started, and the judge will endeavour to get you a hearing before you are due to go. You need to do this tomorrow really to be in with the best possible chance of having this resolved before your leaving date.

Alternatively seek emergancy advice in the morning and get them to do it all for you, but if you have to pay you would be lucky to find a lawyer who would commence this sort of work without at least £3k on account.

Amanda

Thanks for your messages. I did fear I would have to go to courts.

But would a court give me leave to go inspite of the fact my daughter will miss school for 4 months and would they be happy for her to be home tutored?

Also he is claiming he wants to have her whilst i go away. But he sees her once in 3 or 4 months and lives 2 hours away from us. Will he get to keep her?

I would like to hope my chances of going with her are good. Any comments?

Cheers

Based on the little I can glean from your posts, the least worse of the options appears to be her going with you. However, without all the details it is not possible for me to give an option as to your prospects of sucess, sorry.

Amanda

My view was for her to pay little heed to her ex's verbal change of mind and go with the written "evidence" of his acceptance...... but for some reason my pragmatic response was censored and removed, leaving tryingtocope with the very real possibility of her future and the future of her child suffering due to the controlling ex manipilating the courts to his own ends.

He is likely, in my view, to frustrate at everyturn until the time is passed for tryingtocope to start her new life and complete her studies


Moderators Note:

Your post was removed because it gave legally incorrect advice. If the original poster removes this child now she is aware that consent has been withdrawn she runs the real risk of facing Hague Convention proceedings, which are extremely distressing to children, and very costly for parents. Please keep unhelpful comments to yourself.

She is having to deal with a malicious ex partner.

.....or is this a green light for anyone to prevent their ex's taking the kids away for longer than 4 weeks after encouraging them to do so. Sounds like a good plan m'lord.

Alive

You do not know this partner is malious. You know nothing about either of these parents. For all you know his objection could be perfectly valid and reasonable. Please do not make assumptions.

The poster requested legal advice on her circumstances. The poster was given a basic precis of the law in this area. She does not need your great ideas, which frankly, and as I have said above, could lead to Haugue Convention proceedings. Which incidently start with the child being removed from her mother's care by the central authority and bringing her back here. And that is before a court hearing to establish the rights and wrongs of a situation.

When you are either qualified or experienced in this area or have spent some time understanding the area as a whole and the consequences that can flow from not obtaining proper orders, do please then feel free to pitch in with legal adivce.

Until then, please do keep your unhelpful comments to yourself, and do not put our memebers at risk of litigation by putting forward your uncaveated "advice".

Amanda