[Solved] Ex-Wife trying to immigrate with son

Hi there

The fact that she has stopped contact isn't a good sign. Mediation would have to be at her location, as would any court proceedings, making the distance a big factor for you.

I don't think you should wait for her to make all the moves, your first step would be to apply for an urgent Prohibited Steps Order, because she could leave at any time, you can make an urgent application, which means that mediation isn't a requirement before court action. You can also make it an "ex parte" or no notice application, which means that your ex wouldn't be notified for the first hearing, an interim order is usually made to prevent travel abroad and another hearing scheduled to enable her to present her case.

You could try applying to your court In the first instance, but it's likely the case will be moved after an initial interim order is made. It's best to take the application to the court in person and explain to the staff that you are worried that she plans to leave soon, as you have refused permission, and she has stopped all contact, which will be very distressing for your son.

You will need form C100 to make the application, which will cost £215. You can do it without a solicitor, many dads here do, but if you decide to use a solicitor expect to pay quite a bit more. If you decide to go it alone, we will do all we can to advise and support you.

All the best

Her options are to try and change your mind through mediation, which is a mandatory step before she can apply for leave to remove him. That's why I said it's better if you are pro active in addressing this situation....she has stopped contact and this isn't right, especially as she intends to take him thousands of miles away!

This is what I find bizarre about her actions, she was messing around all over Christmas and for several months before and I offered to mediate to resolve ths issues, but I was still seeing my son at that time. She then refused to mediate saying she couldn't afford to.

I received the completed form from my first MIAM that confirmed she would not mediate, but rather than file to the court, I decided to give her a chance. Turns out she just used that to try and blindside me.

I'm very conscious of her trying to get legal aid at some point, I know I wouldn't get any and would find it extremely costly should she manage to get it in place, so I don't want to be the pursuer and maybe give her the opportunity to secure legal aid. For context, she was not eligible for legal aid to mediate, but she is the type of person to try and find a way to get someone else to pay!

My understanding is that should she leave without my permission, or that of the court, she will have committed a criminal offence, and that is one thing I know she will try to avoid.

I agree with Mojo and I would really consider making an emergency application.

What are her reasons for wanting to move to Borneo? Is that where she is from? These are the questions the court are likely to ask.

The distance between you and the fact that she has stopped contact will go in your favour in court as you will be able to illustrate that if she can stop contact whilst living in this country, she is unlikely to support it in another. When considering leave to remove cases, if there is a danger of the father / child relationship completely breaking down, the court are less likely to rule in her favour.

With regard to Legal Aid - it's generally not available in family proceedings unless there is proven domestic violence. Please consider making an urgent application as it can be quite common for people to make false allegations to try and gain Legal Aid. The faster you act - the less chance you have of that happening.

If the form has been signed by the mediator, you have four months from that date to make an application.

Legal aid in private family law cases was stopped in 2014, the only way she might be eligible is if there has been evidenced history of domestic violence, not sure what the time limit is as I think it was changed recently, but it used to be within the last two years.

Being the applicant wouldn't increase her chances of obtaining legal aid to pay for a legal team, if she wasn't eligible for help with the mediation costs, I'm pretty sure she wouldn't get funding for court either.

I'm not sure what our reciprocal agreement is with Borneo...I imagine once she's there it would be extremely difficult to get your son back. She may not want to commit a criminal offence, but I wouldn't wish to rely on that if the possible removal of my child was at stake.

Sounds like a court application is the way to go.

She is English, no links to Borneo other than a job offer. No friends or family. There is a possibility that she may be losing her job hear soon, but there are plenty others she would be qualified for. Should she lose her job, it is highly likely she'd lose her rented house and would have to move in with a relative, sharing a single room with my son.

Should I simply seek a prohibited steps order or should I be asking the court for anything else? Should she try to seek a court order for removal from jurisdiction, I'm considering whether to put forward a proposal for him to come live with me so she can go wherever she pleases, if so, should make my intentions known at this stage?

And guys, can't thank you enough for this help, know you will all have your own problems too, so really appreciate you taking the time to answer.

You would be applying for a Prohibited Steps Order and a Child Arrangement Order - the latter being the order required to lay out who your son spends time with and when .

If I'm right, that means form C100. Would I also submit a form C1A considering I'm concerned that she may just up and go?

Does anyone know if you can fax forms to the local court? (Considering the distance)

Hi - you don't really need the C1A

Just the C100 and a very brief Position Statement laying out your concerns and what you would like the court to do in the short and long term.

I would suggest that you attend your local court in person for an initial urgent hearing and the court will then transfer the proceedings to the court closest to your house.

For an urgent hearing, you would take 3 spare copies of the C100 and Position Statement and attend the court first thing in the morning to get a hearing the same day.

The only issue I have with accessing the court, is that I'm based in Scotland and she's in England. Not sure if I could file at my local court.

The court local to my son have permitted me to submit the documents by email, pay via the phone and are prepared to facilitate my attendance remotely via phone or video. Made an application for prohibited steps and child arrangements orders.

Will let you know e outcome as I'm hoping to get a response in the next couple of days.

Thank you all for your help.