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Advice for move please

1

Posts

EW NEWBIE

Latest post on 19 April 2016 - 09:58

Hi, my husband has been offered a job in Dubai, we are all keen to move however I have two children ages 12 & 16 from a previous marriage neither child sees the father and there is no court order in place, he has moved away not abroad...how difficult is it going to be for us to move if he doesn't consent (which he won't) what is the law over there I know they are not part of The Hague convention?...both children made the choice not to see there father 16 year old hasn't seen him for over 4 years. Obviously I'm now the married but wondered if anyone had any advice both children are extremely keen to leave..thanks

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1

Posts

EW NEWBIE

Latest post on 19 April 2016 - 19:00

Thank you, I live in the uk, the last court order was that he could see son who's 12 but if he refused the father was to respect his wishes, it's been a messy break up and hence neither child wants to see him and as stated before daughter who's 16 hasn't seen him at all, he has moved away still in uk and has no contact with either child. I have today contacted him and as suspected he refused point blank. I just wondered if anyone had any experience of this, obviously we are trying to make a better life for both children and ourselves and they both want to leave, he seems to think he will Stop me. The whole thing is a complete headache so I guess contacting a solicitor is the next option but feel it will take forever and be very costly

ThirdCultureFamily

138

Posts

EW NEWBIE

Latest post on 19 April 2016 - 12:35

There are options but I'm not sure exactly how it works where you are from. If you are from the US (and depending on what state you live in): 1) you can get a court ordered consent to move abroad 2) you and your husband can petition for full legal and physical custody 3) you can file to have the parental rights of your childrens' father terminated and your husband can adopt them All of these takes quite some time to process and you should consult a really good family lawyer about the likelihood of any of these options being granted. Regardless of Hague Convention or not, you would be doing a really risky thing by leaving without full legal authority to do so. Imagine what could happen if your ex decided to wake up one day and alert the authorities, you might have issues travelling back to your home country and you may damage your own credibility for custody. I am intimately aware of situations like your's and I do feel loads of empathy. I hope you make the right decision and it results in the best possible outcome. Consult a lawyer.

1759

Posts

EW EXPERT

Latest post on 19 April 2016 - 10:28

Neither your husband or yourself (if you are employed and sponsored on your own) will be able to sponsor your children for residency without the explicit and usually attested consent of their parents. I don't know about the UK, but in some countries, it may be illegal to remove them from their home country without the other parent's consent. In Canada, we have always carried a letter from each other if crossing any international border without the other spouse but with the children just in case we get stopped.

8965

Posts

EW MASTER

Latest post on 19 April 2016 - 10:11

Hi, my husband has been offered a job in Dubai, we are all keen to move however I have two children ages 12 & 16 from a previous marriage neither child sees the father and there is no court order in place, he has moved away not abroad...how difficult is it going to be for us to move if he doesn't consent (which he won't) what is the law over there I know they are not part of The Hague convention?...both children made the choice not to see there father 16 year old hasn't seen him for over 4 years. Obviously I'm now the married but wondered if anyone had any advice both children are extremely keen to leave..thanks My understanding is that the Father has to write something to say they are allowed to leave Hopefully other posters may correct me

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