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Moving Abroad
#1
I got divorced 4 years ago and I am the primary career of my son. He stays with myself 5 days a week and stays at his mums two days a week. I am solely responsible for paying for my sons education costs, and all his general upbringing expenses.

. My son has recently been accepted to join an outstanding school in UAE. Both my son and I really want to relocate to UAE. However his mum says I can't without her consent. 

I am of the belief if it went to court, given our son and I want to move abroad, I am the primary caree and responsible for my sons education costs I can move abroad. I have even offered his mum the chance to join us or if not I would pay for her holidays. However, she says she will go to court to stop us moving. Clearly I don't want to put my son through the stress of courts but want to understand my rights and what action I should take to stop her preventing us going.  

I welcome any advice people can give me.
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#2
Hi,

If you both have PR and if your child is resident in the U.K. your ex can apply to court in order to delay or stop you from moving.

What is your legal situation at the moment? All orders being UK orders or do you have any foreign orders also? Are you all British nationals?

Don't be so sure that the court will allow you to move. That you pay for his education is all well and good but a child also needs frequent and regular contact with both parents.

How old is your child? Just to argue he will have a chance to attend a elite school abroad will in my opinion not be sufficient to allow you to go.

Do you have a better job opportunity over there also? You would need to make your case about your whole situation and not just schooling.

The judge would want to see that you have planned this through and that you have a support network over there.

You must not just go and you can not avoid court proceedings in such a case in order to prevent child abductions charges against you.

Seek advise from a lawyer on it.

F.
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#3
Both my son and I and his mum are UK residents. At this stage she hasn't done anything. It is just threats. Hence I want to do all I can now to mitigate any chance of his mum stopping us.

Yes I can confirm I have been offered a job in UAE. On a more attractive salary than here in the UK.

My son is 13, and as I say he wants to move. In terms of current arrangements my son lives with myself and sees his mum two days per week. It has been like this for the last 4 years.
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#4
Hi,

What is going your way is that you can proof that you have a job over there and that your child wants to move also.

I am sure your child would be questioned in court about his feelings to move.

However you still need consent from mum to relocate together with your son. Without you can't lawfully move out of the UK.

You need professional advise from a lawyer on your situation and you need to bring this into court.

F.
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#5
(01-29-2017, 01:08 PM)Ajb2912 Wrote: I got divorced 4 years ago and I am the primary career of my son. He stays with myself 5 days a week and stays at his mums two days a week. I am solely responsible for paying for my sons education costs, and all his general upbringing expenses.

. My son has recently been accepted to join an outstanding school in UAE. Both my son and I really want to relocate to UAE. However his mum says I can't without her consent. 

I am of the belief if it went to court, given our son and I want to move abroad, I am the primary caree and responsible for my sons education costs I can move abroad. I have even offered his mum the chance to join us or if not I would pay for her holidays. However, she says she will go to court to stop us moving. Clearly I don't want to put my son through the stress of courts but want to understand my rights and what action I should take to stop her preventing us going.  

I welcome any advice people can give me.

First of all, is the Child Arrangments on a Court Order, and if so, was this in the UK?

Does the Child qualify for a Passport for the Country you want to move to?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
No. At the time of our divorce my ex wife and I agreed on the arrangements with regards to my sons living. Given that it was agreed and both her lawyer and my own advised the courts would not grant a court order. They only apparently do so in disputes. My ex wife and I did sign an independent agreement to confirm the above.

Over the past four years, she has never conpalained about the arrangement and at times even failed to see our son on the days she agreed too. My friend who is a lawyer but not a family lawyer said the last four years would act as legal precedent.

Yes both my son and I qualify for permanent residency in the UAE.

Neither qualify for a passport as UAE does not give passports to non-nationals. But permanent residency will be authorised due to the fact I have a job offer in UAE
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#7
(01-29-2017, 07:22 PM)Ajb2912 Wrote: No. At the time of our divorce my ex wife and I agreed on the arrangements with regards to my sons living. Given that it was agreed and both her lawyer and my own advised the courts would not grant a court order. They only apparently do so in disputes. My ex wife and I did sign an independent agreement to confirm the above.  

Over the past four years, she has never conpalained about the arrangement and at times even failed to see our son on the days she agreed too. My friend who is a lawyer but not a family lawyer said the last four years would act as legal precedent.

Yes both my son and I qualify for permanent residency in the UAE.

Neither qualify for a passport as UAE does not give passports to non-nationals. But permanent residency will be authorised due to the fact I have a job offer in UAE

If the Child qualified for a Passport, it might of removed the Jurisdiction from the UK Courts.

In cases where its by agreement, you was advised wrong. You could of had it all done by a Consent Order, what could include Child Arrangements, any financial aspects and anything else you agreed on.

Right now as there is no Court Order in place, it is illegal for you to remove the Child from the UK without the consent from everyone with PR, or the Court.
Even if a Child Arrangements or Consent Order Existed, it would only of gave you the right to remove the child for up to 28 days at a time, for Holidays.

Therefore, you need to apply to Court (what you can do without the need for Mediation due to the International aspect of your case).
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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