Emigrating, is it allowed ?

[kat2206]

My partners ex wife has spoken to him and told him that she is thinking of emigrating and taking their 2 children with her and her new partner. Now this maybe just another way of her winding him up BUT does he have to give her his permission to take the children out of the country or can she just do it?

Also can she take the children abroad on holiday without his permission too? As he is now worried that one day she will take them and not return.

Any comments would be gratefully appreciated.

[mycats]

If they were married when the children were born then she is not allowed to just emigrate without his permission. She is allowed to go on holiday though. Speak to a solicitor.

[unruliejulie]

I'm not 100% sure, but i think you have to have permission from the other parent, after all, its not fair for someone to whip your kids off to another country so it'll be difficult for you to see them.

[undercovers]

it all bepends to the level of custody your partner has over his kids, this is not an easy thing to guage without a lot more information (when they were born, if they were married at the time, if there is any court order on the matter) also due to its complexity it would be easy for us to make mistakes... i think you need to get yourself to a solicitor (mant still do first half hour free to discuss the problem) or even the C.A.B. As there are steps you can take to limit the risk that his ex partner just leaves with the children (more court orders probably though).

(as an aside if your patner has join responsibility for the children with the mother then yes she does need to get his permission to take the children out of the country and on holidays etc as you are both joinly responsible for their care this requires the other to at least know where the kids are)

hope it all works out for you

[undercovers]

sorry you did say they were married, unless you know otherwise then i assume that he has join parental responsibility for the children - thus she can't emigrate without his permission. Still get legal advice on this though as they will be able to suggest ways in which you can enforce this - a letter from the solicitors might be enough as they might not be clear on the law regarding this too.