ex misses emigrating with daughter

[smr450]

Hey guys..Just been told by my lawyer that there is next to no hope of stopping my ex moving to Canada with her new husband and MY 6 year old daughter!.Anyone have any experience of this?..

Cheers People...

[Justayellowbadge]

Go here, now.

www.fnf.org.uk

Sympathies. I'm afraid all indications are you will have little chance. Do you have shared residency?

[escargot]

[hornetrider]

Sorry to hear that.

Um, why did you register here to tell us?

[Lordbenny]

Not exactly but.....over the last 6 years, since my ex-left me. She has made my life & my partners a complete misery. Emotional blackmail, constant date & time changes, she's now telling me I can't take the kids away on a holiday that has been booked for weeks. If I challenge her I don't see the kids anyway. The law in this country is a complete ass especially compared with the rest of Europe. You must try everything to stop her taking your daughter away from you but to be honest, from what I've experienced, don't hold your breath....sorry. Best of luck.

[Marcellus]

My cousin split with her husband and she wanted to emigrate to Australia with their son (14/15 year old).

He fought it, she spent £40,000 in legal bills and the court ordered that she could not emigrate with the boy.

So if you want to fight it, fight it you might well win....but be prepared to throw a lot of money at it, in cases like these only the lawyers get rich

[996 sps]

hornetrider said:

Sorry to hear that.

Um, why did you register here to tell us?

He is a friend of mine and lucky for me I found a legal advisor from this forum in rights to see my daughter, he is a loyal petrol head who races super moto and used to compete in National Superstock.

So hence the reason he posted this.

[zadumbreion]

996 sps said:

hornetrider said:

Sorry to hear that.

Um, why did you register here to tell us?

He is a friend of mine and lucky for me I found a legal advisor from this forum in rights to see my daughter, he is a loyal petrol head who races super moto and used to compete in National Superstock.

So hence the reason he posted this.

Great question though, Hornetrider.

Edited by zadumbreion on Monday 11th August 22:20

[Ganglandboss]

How did she miss it? Was she late for her flight or something?

[NiceCupOfTea]

Ganglandboss said:

How did she miss it? Was she late for her flight or something?

There's a time and a place...

[smr450]

Cheers for replys chaps.Sorry for random intro but hey worth a try in circumstances huh?..More vapour related next time!.

[anonymous-user]

My understanding is that if your ex has custody she can live pretty much where she wants but only certain countries have agreements to pursue you for maintenance.

Hope it all works out and welcome to the forum.

[Marcellus]

surely both husband and wife will have joint guradianship??

[Justayellowbadge]

Marcellus said:

surely both husband and wife will have joint guradianship??

Not how it works, sadly.

[Marcellus]

Justayellowbadge said:

Marcellus said:

surely both husband and wife will have joint guradianship??

Not how it works, sadly.

Whilst my ex got custodion (sp?) of my girls the court ordered joint guardianship....as explained to me at the time this was so that she couldn't change their names or manke any other significant action/decision with them without my formal consent (such as emigrate)

[HundredthIdiot]

Move to Canada.

[SplatSpeed]

hire private investigator

one of them is probably cheating ruin their relationship then she wont be emigrating

[TeamD]

If you have Parental Responsibility then she has to have your permission to take your child out of the country for greater than 3 months. If you were married then you automatically are confered Parental Responsibilty, or if you weren't then you can always go to court to try to get it.

[hornetrider]

zadumbreion said:

996 sps said:

hornetrider said:

Sorry to hear that.

Um, why did you register here to tell us?

He is a friend of mine and lucky for me I found a legal advisor from this forum in rights to see my daughter, he is a loyal petrol head who races super moto and used to compete in National Superstock.

So hence the reason he posted this.

Great question though, Hornetrider.

Edited by zadumbreion on Monday 11th August 22:20

Twas a bit of a random first post, so I only asked a question and received a perfectly acceptable response from 996.

Carry on!

[Justayellowbadge]

Marcellus said:

Justayellowbadge said:

Marcellus said:

surely both husband and wife will have joint guradianship??

Not how it works, sadly.

Whilst my ex got custodion (sp?) of my girls the court ordered joint guardianship....as explained to me at the time this was so that she couldn't change their names or manke any other significant action/decision with them without my formal consent (such as emigrate)

There's a couple of things here. One is JPR (join parental responsibilty) which recognizes you as one of the parents, in law. This is automatic if you are married, but may need to be applied for if not, depending on the age of the child. The laws on this have changed in the last few years.
PR will make it more difficult for one parent to change a child's name, or leave the jurisdiction, but not impossible.

If a mother is reasonable, and demonstrates she has the best interests of the child at heart, family courts will not stop her taking the child abroad in an overwhelming majority of cases. Certainly in the high 90s, percentage wise.

By the way, although I say mother, the situation would be the same for the father, if he was the parent with care. The system is inordiantely skewed towards the status quo, so the child stays with who the child is with, even if that means taking them out of the country.

(This is only my understanding, I hasten to add. I'm very new to all this, but learning as fast as I fking can.)