Resident parent moving abroad

[beverleymot]

Hi whats the law on taking a 3 year old to tghe middle East for 6 months?

My partner is a lil worried as his ex is considering moving to the middle east for 6 months and doesnt want his son to go. He feels his ex is being selfish and the child would not benefit from it.

I am under the impression that because he is on the birth certificate she can only take the child for up to a month without my partners permission.

Also we have the childs passport- are we legally obliged to give it back to the mother? and could she apply for a new passport for the son if we dont give it back?

[ojread2]

She cant apply for a second passport unless she is of a different nationality and claims dual nat for her son

Because dad is on the birth cert and the child was born after 1st Dec 2003, he has automatic parental responsibility.

I really cant see a problem with the child going to another country for 6 months apart from the fact he will miss his dad - why would the child not benefit from the trip? He won't be missing school at all, so no problems there

I think my worry would be whether or not mum is to bring him back

Being under the impression and actually knowing what is 'legal' is different so I think I would suggest you consult a solicitor about this

best of luck

[beverleymot]

Thanks, we feel that he would not be there long enough to meet any friends or understand the culture, plus he has been movbed around sooo much in his life that its unfair to move him again away from friends and family. he cries whenever he leaves our house to go back to his mums as they dont get on. She ios very selfish and she has only been with her partner 6 months and he is moving there to get work. she has a reputation from jumpin from relationship to relationship as she gets bored very easily, she is very argumentative person and the child sees a lot of their arguments. she has never had the child for longer than 3 days at a time since she and my partner broke upas she likes her alcohol and he is always being babysat by her friends, and overall apart from the fact that the child has not been considered at all in this, we dont see why the child should be moved yet again to a strange country just so her boyfriend can get a job.

[beverleymot]

we are also concerned that she may apply for another passport by saying that the other one has been lost

[ojread2]

Mmm, I think the fact they are considering going to the ME so her boyfy can look for work makes it sound as if she wants to more permanent/longer than 6 months, doesn't it?

Has your boyfy thought about going for custody? Surely if the mum is as you say she is, there would be a chance he may get it?

I'm not sure you have to legally give back his passport but, as you say., there is the chance she may say it is lost but if you check the passport web pages, you may find that she needs to report a lost passport to the authorities - and I'm right, she must report it
http://www.ips.gov.uk/passport/lost.asp
The fact she must do this may put her off saying ti is lost?

There may be a way for you to contact the PP office to let them know she may do this? You can call them and see what they say?

Other than that consulting a solicitor is your best bet.

[beverleymot]

Thanks guys to be honest she's only goin so she dont have to work n cos he'd be on a lot of money as her goal in life is to be like a WAG moneywise. we were actually considering ringing the passport office anyway about the situation.

I have been on a website today and apparently she can take him out the country for 28days only without my partners permission, any more than that then she needs permission from him. If she doesnt get his permission then its abduction.

The other route to take is for her to take my partner to court and my partner would have to give a valid reason as to why the child shouldnt go but even then its likely permission will be granted for her to take him, even if its only for half the time ( ie: 3 months)

Looks like he's fighting a losing battle really!!

[beverleymot]

sorry OJ i read your answer wrong!! She would only be able to get a 6 month visa so she wouldnt be able to stay anyway

[cassa333]

It's just a thought but has you partner asked her if he can have custody? If she is as flighty as you make out she may want to offload him for the duration. Or does she actualy want him around but is just not that good at what she is supposed to be doing?

[beverleymot]

She did ask him to have the child permanently about 7 months ago and we were in the process of moving house and i was pregnant so my partner sed after we got settled he would take custody of the child which meant she got chance to try n sort things out herself with the child and in that time she changed her mind and her n the child were ok for a little while but the past 2 months hes been screaming our house down when he has to go home!! we have both agreed tho if she does move and the child gets to stay with us then he will be staying with us permanently as he has been moved around sooo much in his life its not fair to give him back to his mum when she returns. he has had 7 houses already in 3 years and moving to ME would be his 8th.