Relocating my family

I am almost divorced but am thinking of relocating to scotland within the next few years. I have two children 6 and 3 and am just looking for some information regarding the legal aspects of my reloctaion as I have been told that I would need the written permission of my ex or a court order inorder for me to move my children to scotland with me can any body help?

What help do you seek? Assuming your ex has Parental Responsibility you would need his written consent or to apply to court for leave. A solicitor could help negotiate written consent or failing that help with a court application. You would need to show the the proposed arrangements for accommodation, school, finances, work and contactwere practical and work in the best interests of the children.

Even though the children would still in theory be in this country?
How can this be fair?
My ex moved 3 hours away from us when he left..his choice..I had no say in where he went.
I am hoping to relocate to Cornwall in a few years so are you saying that even though he distanced himself from his kids I have to stay put as Im telling you now my ex wouldnt agree to it just for the hell of it.
Lou x

No, no one said you would necessarily have to stay put. If those with Parental Responsibility do not agree and consent to move isn't forthcoming then an application for the court's permission is required to move the children from E&W to Scotland. (Scotland is a different country with it's own legal system)

If the move is within E&W someone with PR might apply to prevent the children moving school or a change of status quo. The court will listen to the cases for and against the move and make a decision having looked at all the circumstances.

I know what you mean my ex do the same. I know for a fact my ex would not agree to me moving away even though he has spent little time with the children. At the moment he sees them for a couple of hours after school during the week and then he has them overnight every other weekend. I can see this being a very big issue if in a few years time i do decide to move to scotland as he will stand in my way. He has always controlled my life and even though im to be divorced soon he will still be able to have a big say over my life and where i live and that I feel is not fair. i understand he has rights to see the children and that they will obviously still want to see him and even though scotland is a long way from where i am now i wouldnt stop him from seeing the children he would just have to make a greater effort than at present to see them.

LouCheshire wrote:

Even though the children would still in theory be in this country?
How can this be fair?
My ex moved 3 hours away from us when he left..his choice..I had no say in where he went.
I am hoping to relocate to Cornwall in a few years so are you saying that even though he distanced himself from his kids I have to stay put as Im telling you now my ex wouldnt agree to it just for the hell of it.
Lou x

Well he didn't take the kids and move away, did he?
And seeing as he is not the one living with the kids it doesn't matter if he moved to Hong Kong as long as he's prepared to travel to see them.
So why not leave the kids with him and toddle off to Cornwall to live you're new life?.

No he didnt...and nor was he there when they were crying for him..and he cant help out and take days off when they're ill either..thats all down to me.
I think your answer was uncalled for.
The point I was trying to get across is that I didnt ask for him to leave me. I didnt MAKE him move 3 hours from his children...he chose to do that...yes he does see the children..on HIS terms..his new family always come 1st though.
My dream has always been to live in Cornwall..why on earth would I leave my children though?
Why would you make such an awful comment when you know nothing about me?