Can my ex take our son abroad to live without my permssion?

[craigy121]

Hi, If someone could help me I would be most grategul. My ex girlfiriend and I have a 9 year old son. We split when he was a baby but I always maintained regular contact and paid maintence for him without nay question. She has now met a new man and says they are all going to move to Spain, even though my son doesn't want to go. Does anyone know what I can do about this or what rights myself or my son may have to prevent this from happening? Many thanks Craig

[Whickerman]

Craig - you need legal help fast. Under EU law she cannot do this - see the attached for an example of precedent
http://www.belfasttelegraph.co.uk/breaking-new s/ireland/article3261458.ece

Bear in mind that this case involved unmarried parents too.

Get to a solicitor, and good luck.

[Buenchico]

To block your ex-partner from taking your son to live abroad you must have 'parental responsibility'. You would have automatically have acquired parental responsibility if you'd been married to your partner. If your son had been born in recent years (since 01/12/03 in England & Wales) you could have also have acquired parental responsibility simply by jointly registering the birth with your former partner. However, since those provisions don't apply to you, you need to seek a court order to obtain parental responsibility.

Once you've been granted parental responsibility, the provisions of the Child Abduction Act 1984 will allow you to prevent your son's mother from taking him out of the country for a period exceeding one month:
http://www.ips.gov.uk/passport/apply-child-rul es-parental-responsibility-rules.asp
and
http://www.direct.gov.uk/en/Parents/ParentsRig hts/DG_4002954

Chris

[fredpuli47]

Go straight to a solicitor.