Moving abroad - fathers permission.

I may have the opportunity to work in Dubai. It will greatly enhance my son''s quality of life, not only will I be financially better off, the opportunities for my son are endless. We have also family and network of friends there. What legal proceedings do I need to take regarding the father''s permission. My son is 14 and not seen him for nearly 3 years. This has been my son''s choice but in all this time has received a handful of texts from his dad who lives only a few miles away. My X potentially could refuse out of spite? Is this possibly a lengthy court battle ahead of me. I will obviously turn down the job if I were not allowed my son with me. Thank you for any advise.

|Hi Gloria

You need to obtain the consent of your son''s father before relocation. If he consents, then there is no need for any legal proceedings, just a written letter from him (or his sols) consenting to the move.

If he doesn''t give his consent, then you will need to apply for Leave To Remove. The Court will grant leave to remove if the criteria defined by Butler-Sloss in Payne v Payne can be satisfied. Your task therefore is to show that they are satisfied.

1. The welfare of the child is always paramount, so all aspects of the welfare checklist must be considered, and the child be given the opportunity to express his feelings.

Your guide throughout must be the paramountcy principle and the elements of the welfare checklist.

You must show that the benefits of removing the child from the jurisdiction outweigh any damage caused by moving the child away from teachers, friends, other relatives, and, of course, the other parent.

You must show that your child fully understands all the implications of the move and has been given the opportunity to express his views and hasn’t been bullied.

2. There is no presumption created by s.13(1)(b) in favour of the applicant parent.

Simply because you have residence does not give you an automatic right to remove the child from the jurisdiction; you still have to prove your case.

3. The proposals for relocation must be practical and include measures for ensuring continued adequate contact with the other parent.

You must show you have considered all the implications of removal from the jurisdiction fully, including:

a) Proposals for the child’s living arrangements.

b) Arrangements for the child to remain in contact with the other parent. How will they travel? Where will they stay? Who will pay for this?

c) Arrangements for supplying the child’s financial needs.

d) Finalised arrangements for the child’s education – is there a firm offer of a school place? Is this the right place for your child? Is your child at a point in her education where a move will be disruptive? Did you involve the other parent in the decision? Were they consulted on alternatives? Have you sent them full details of the school including prospectus and syllabus?

e) Is your child involved in other activities – sporting or artistic, for example – which will be disrupted? Will she be able to continue these? What about sports teams, drama societies, orchestras, etc.?

f) Can your child speak the language of the new country? What measures will be taken to ensure she learns?

g) Have you registered your child with a doctor, dentist, optician, etc. Does your child have any special health needs?

h) An account of your reasons for wishing to move abroad – family, marriage, job, etc.

i) Evidence of the financial viability of the plan, including firm job offers.

j) Evidence of the accommodation, including address, pictures and estate agent’s particulars.

k) Evidence of links to the new country – family, etc.

l) Evidence of social opportunities and network.

m) Evidence that Court Orders made in the UK will be recognised and enforced in the new country.

n) Expert evidence of the psychological and developmental effects of removal on the child.

4. Consequently, the proposals have to be scrutinised with care and the Court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.

You must demonstrate genuine reasons for wanting to move your child abroad and that this is not merely an attempt to obstruct contact. A history of obstructed contact may count against you.

5. The Court must consider the effect upon the applicant parent and the new family of the child of a refusal of leave.

You must show that a refusal of your application will impact psychologically on yourself and your parenting ability. Show how it will damage your career prospects and financial status. Show that it will affect members of your extended family, perhaps your partner’s children, etc.

6. The Court must consider the effect upon the child of the denial of contact with the other parent and in some cases his wider family.

Ideally you need to show that contact between the child and the other parent has broken down and that the other parent is no longer involved.

7. The Court must consider the arrangements for ensuring continuing contact between the child and the remaining parent.

You must show detailed, costed arrangements for continuing contact both with the ‘left behind’ parent and with the extended family. They must be practical and affordable.

I usually advise those wishing to relocate to put together a "relocation package" which sets out the above in relation to your child; this will give him something concrete to consider, and may provide reassurances to him that this is not an attempt by you to cut contact. If he still doesn''t consent, then you can use the relocation package as part of your position statement in court proceedings.

LTR proceedings may take around 6 months - or longer. Your son''s age will taken into consideration, and his wishes will also be considered by the Court.

Thank you so very much for your detailed reply. I will be able to satisfy the court for the said criteria, my son does want to come and his education and life will be enhanced. Thank you as I can now take necessary measures to ensure a smooth transition.

Glad it helps, keep us updated please?

I will indeed - had the job offer and first port of call write to the X. Will let you know his response. I do believe I already know what it will be. But fingers crossed!