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