DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

moving to spain wit...
 
Notifications
Clear all

[Solved] moving to spain with family

 
(@scallen16)
New Member Registered

hi i am wanting to move my family to spain but my step sons is the problem as his so called waste of space dad who never bothers with him never turns up to contact but insists on dragging it through court can he stop us or can we just move ?

Quote
Topic starter Posted : 22/09/2014 8:53 pm
(@scallen16)
New Member Registered

if my ex partner moved to spain can i stop her with out a prohibited steps order ? and does she have to move then apply to the court ?

Quote
Topic starter Posted : 24/09/2014 2:02 pm
 1626
(@1626)
Noble Member Registered

Hi, you can't just leave without resolving this first or you could find yourselves dragged back to the UK. You would need to apply to the court for permission to go or the father can apply for a Prohibited Steps Order to stop you leaving. Either way, the mum and dad will have to attend mediation before making an application.

ReplyQuote
Posted : 22/09/2014 9:05 pm
 1626
(@1626)
Noble Member Registered

To answer your question on the duplicate post

"will he have to apply to the court once we moved ? do we need to tell him if he bothered with him at all i would try do this the right way.

thanks

and how do i move this to the right forum page not the welcome forum ?

thanks again"

You can't just move and then apply as you could find yourselves being brought back to England. You will have to apply to the courts for 'Leave to Remove'.

Here's a link which might provide you with some more info

http://www.thecustodyminefield.com/flapp/leavetoremove.html

ReplyQuote
Posted : 22/09/2014 9:27 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

I have deleted the duplicate topic.

1626 is right, Spain is a EU member state and therefore you could be brought back if you left without the fathers permission.

The fact that the father isn't involved in his life does of course go in your favour and a court would take that on board. If your step son is 12 or older his wishes would also carry weight.

ReplyQuote
Posted : 22/09/2014 11:52 pm
 1626
(@1626)
Noble Member Registered

Friends of ours moved to Spain & didn't tell the father, the mum & child went back to England for a visit and were promptly arrested and their passports taken away, as a result, residency was transferred to the father. It might be worth calling a solicitor or Coram Childrens Legal Centre for advice.

ReplyQuote
Posted : 23/09/2014 9:48 am
 1626
(@1626)
Noble Member Registered

You would need to get a PSO asap if that's the case. She would have to apply for 'Leave to Remove' or could find herself being brought back to the UK.

This link might help somewhat, also if you go the main menu of that site there's also a guide to PSO's.

http://www.thecustodyminefield.com/flapp/leavetoremove.html

ReplyQuote
Posted : 24/09/2014 2:08 pm
(@Nannyjane)
Illustrious Member Registered

...slightly confused here, didn't you post before saying that you wanted to move the family to Spain but were having problems with your stepsons dad?

ReplyQuote
Posted : 24/09/2014 3:23 pm
(@dadmod4)
Illustrious Member

...slightly confused here, didn't you post before saying that you wanted to move the family to Spain but were having problems with your stepsons dad?

I've moved that post into this thread - I'm equally confused.

ReplyQuote
Posted : 24/09/2014 11:15 pm
 1626
(@1626)
Noble Member Registered

baffled....same person asking the scenario from both sides? Are you wanting to move to Spain or stop your ex moving to Spain?

ReplyQuote
Posted : 24/09/2014 11:22 pm
Share:

Pin It on Pinterest