Can I take my son to live in europe?

[ferdinanda]

I have a ten year old son and would like to take him to live in a EU country to start a new life with my new partner of two years. I was never married to the farther and he has never applied for parental responsibility, we separated when my son was 3rs old. The father has always had access to our son, everyother weekend & one week holiday per year (but no help if I need it outside these verbal arrangements). He has re married & has a new child. He pays the minimum CSA maintenance. I wish for a new better life for myself & my son & want to move to my new partner. I have always been oppressed by my ex partner & I am frightened of him. Can he stop me or worse still take my son from me if I decide to go?

[bednobs]

i am not sure of the legal osition but there is another poster on here whoes wife did exactly that. I am not sure if he gave permission or not. However, look at it like this, you say "worse still take my son from me". But isn't this EXACTLY what you are planning to do to him? Would you be satisfied with contact just in the schol holidays, or travelling across europe to see him? Why wouldn't the childs father feel exactly the same way? What makes you think being so far away from his parent would be " a better life" for your son? you also say "he pays the minimum csa" but htis is to be applauded surely? There are loads of dads that dont

[Buenchico]

Since your son's father does not have parental responsibility, he has no right to grant or refuse 'appropriate consent' for you to take your son out of the country.

Brief summary of the law:
http://www.ips.gov.uk/passport/apply-child-rul es-parental-responsibility-rules.asp

Full text:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=child+abduction&Year =1984&searchEnacted=0&extentMatchOnly=0&confer sPower=0&blanketAmendment=0&sortAlpha=0&TYPE=Q S&PageNumber=1&NavFrom=0&parentActiveTextDocId =211349&ActiveTextDocId=211349&filesize=58112

Of course, your ex partner is still entitled to apply for parental responsibility. If he acquired it, he could then prevent you from taking your son abroad (other than for short holidays)

Quote:
"A father can apply to the court to gain parental responsibility. In considering an application from a father, the court will take the following into account:
* the degree of commitment shown by the father to his child
* the degree of attachment between father and child
* the father's reasons for applying for the order
The court will then decide to accept or reject the application based on what it believes is in the child's best interest."

Source:
http://www.direct.gov.uk/en/Parents/ParentsRig hts/DG_4002954

Chris

[CrazyCathy]

I thought the amont paid to the CSA was set by the CSA after they had looked at the parents outgoings?

How does your son feel about this? Moving to another country is no small thing for an adult but for a child and then not seeing his father so often is going to have an impact.

How well does your son know your partner? You've said you want to move to my new partner, does that mean he is already in the other country?

Lots of things to think about

[Beanmistriss]

I'm with bednobs. Maybe as Chris says he has no legal right but he is his father. You chose to have a child with him.