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We have recently received several questions from dads whose kids are emigrating with out them. We thought it would be usedful to get one of the question up here on the forum so other dads facing the same situation can see the advice that was offered.
We asked Phil if we could post his question and he kindly agreed (thanks buddy 🙂 ) - Here then is Phils situation
my ex wife has told me she intends to emigrate to australia and take my daughter with her.My daughter is 15 now but will be 16 when they intend to go. What can i do to prevent this as me and my daughter see each other or speak to each other every day and have a great relationship.My wife is brainwashing her with facts about how great aus would be for her !!!
And here is the advice he received from our Leagle Experts over at the Childrens Legal Centre
If your daughter will be 16 when your ex-wife intends to emigrate from England to Australia then it will be your daughter's decision whether or not she follows. A 16 year old is considered old enough to make their own decisions in relation to where they want to live including whether or not they want to move abroad.
It is a criminal offence under the Child Abduction Act 1984 for a person connected with a child under the age of 16 to take or send that child out of the UK without the appropriate consent. Therefore your ex-wife would only be committing an offence if your daughter is under 16 at the time of departure.
Relate offer a family counselling service that may assist in the facilitation of communication between you, your ex-wife and your daughter ( http://www.relate.org.uk/familylife ).
If you have any further queries relating to an issue of child law please do not hesitate to contact the Child Law Advice Line on 08088 020 008
Can I just add to this - as far as I understand, the person in whose favour the residence order is, can take the child out of the country for not more than 30 days, so it's not abduction if you take them on holiday.
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