[Solved] Ex wants to move with kids to USA! Advice please

Hi there

No need to apologise, you have a lot to deal with.

She will need your permission to remove the children from the UK and if that is refused she can apply for an order to remove them. If you wanted to be proactive you can also apply for a Prohibited Steps Order to try and prevent her from taking them. However you are required to attend Mediation to try and sort it out prior to applying to the court for an Order.

If you fear that removal is imminent you can apply for an emergency PSO, in which case you wouldn't be obliged to attend mediation first.

The fact that your children have a close family network would go in your favour but cases like this are very difficult when the mother is from another country. The fact that the children are so young may be a problem as they are too young for their wishes and feelings to count.

I would try mediation first, at least it makes her aware that you are prepared to fight to keep the children here....she may just be saying it to cause you upset.

Thanks for response...
There is no way we will come to an agreement as she is adamant she wants to be there and has told me she will be there by next summer.. Do I wait til nearer the time and then get a prevention order in place or do I wait for her to apply to courts for permission and then fight my case then? Not are the best course of action..
She knows im a good dad and genuinely don't think she is doing it out of spite to me although it could come across that way but just the plain fact she wants to live there and be where her mum is.. Although her mum is English and comes back here often enough anyway...
I just read something the other day about a judge passed a case in the mothers favour saying that skype was an adequate form of communication between father and child which I think is some sort of sick joke! No physical interaction would love to see these judges have a relationship with Thier child through some dodgy Internet connection on an iPad screen!!

I would get some professional legal advice fairly quickly - what I'm not sure about is whether, if there is not action running in the English courts, whether she'd be able to apply via the US courts, in which case you might find it virtually impossible to win there.

I'm pretty sure what I've said is right, she would have to apply to the court for an order to remove the child from this juristriction if anyone with parental responsibility refused to give permission....but some legal advice might be helpful, some solicitors offer a free initial consultation....look for a solicitor that is experienced in Family law.

Hi

Mojo's reply is one I would agree with, having recently instructed my solicitor in certain circumstances. My ex and our young son have dual German nationality and she has made repeated threats to relocate with my son. You must find a reputable family solicitor to help you. If it goes to court the primary concern will always be the childs safety. Keep details of all correspondence between you both - emails/texts and notes of any issues. I can recommend a solicitor in Cornwall. Good luck.