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Hi,
Had a call from my ex today and she advised me that she is considering moving to South Africa with my daughter (nearly 5) and her new partner. She wanted to see what my response would be. I obviously said 'No' and that I would fight it through the courts if she applied. I understand she would need a stat dec or court order.
Please advise if this can happen?
My ex would be moving with her partner of 2 years. They are not married yet.
My ex has said that my daughter could see her extended family more - but this is his family, not hers.
My ex is british and her only ties with S A are her new partner - currently employed in the UK.
He has been approached a job back out there.
I have another child who is 4 weeks old - this is my daughters half brother.
My daughter would leave both my ex's family and my own family plus her half brother by doing this move.
I have an access order for alternate weekends (Fri-Sun), plus holidays. This is working fantatsically well.
I have never missed contact and fought in the courts to get this. CAFCASS awarded me more contact again last July.
My daughter is nearly 5 years old. She is my world.
I cannot see any grounds that would benefit my daughter and this move is about my ex and her partner changing their lives.
The consequence to my daughter and our relationship would be catastrophic.
My ex reckons the first attempt will be rejected but more applications get passed on the 2nd and 3rd attempts.
She has said I could see my daughter 2-3 times a year when she comes over and whenever I can get over there.
Could this ever be passed?
Please help - one frantic dad who doesnt want to lose his daughter.
Hi Jools
I have asked the Childrens Legal experts to look at your post - bear with them and they will answer as soon as possible
SM
Thank you! I will await your response.
This is an extremely upsetting and unnerving time as I cant help thinking the worst
Dear Jools123,
If the mother would like to take your child aboard she requires your consent if you have parental responsibility. You will have parental responsibility if you were married to the mother, or if your name is on your daughter’s birth certificate or through a court order.
Firstly, if you feel that there is an imminent risk that your daughter will be taken out of the country you can contact the police and the UK Border Agency who can issue a ‘port alert’ stopping the child from leaving the country.
In the long-term, if you are opposed to the mother leaving the country with your daughter you can apply to court for a prohibited steps order. If this order were issued it would be legally binding upon your former partner and could stop her from taking the child out of the country.
To apply for a prohibited steps order you need to complete a form called C100 which you can download from http://www.hmcourts-service.gov.uk . There are two other forms, CB1 and CB3, which you can also download from the above web site which are guidance notes for completing the C100 and the process that that entails.
The application will cost £200. It may be worth completing an EX160 if you feel you are exempt from this fee. The guidance notes for this form are called an EX160A. You should then submit this form with your application.
Your ex partner will be able to contest your application for the order but a Judge will decide whether to grant an order or not based upon what he/she believes to be in the best interest of your daughter.
If you have any further questions please do contact us on 0808 8020 008.
Yours sincerely,
The Children’s Legal Centre
Jools123
Exactly my situation - except I've got 2 children. How have you got on with this situation ?- I've only just began to embark on it.
Please see my posting in this forum
cheers
shenzi3
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