can I move abroad with my son?

[falrep]

I have a 5 year old son with my husband from whom I have been seperated 3 years. We seperated as he cheated and got her preganant, the went on to keep the child and now have another. I moved obviously but stayed fairly local for the sake of my son seeing his dad. However I would desperately like to move to cyprus, I have found a enlish curriculam school and feel that my son would have a better standard of life. Am I able to move and start a new life or do I have to stay in the UK even though my ex deceided to walk away from his wife and child? It seems a bit unfair I am constricted because of him!

[ummmm]

http://www.associated...ldren_out_of_the.html

237SJ.....my daughter was flying to and from Ireland on her own from the age of 5. They changed the rules when she was 11...and put the age up to 12.

[237SJ]

Sorry, we must have got our wires crossed. I was talking about the airline rules regarding kids travelling alone, not country`s laws regarding taking children out

[falrep]

anyway so what were saying here is that I can move a 6 hour car journey away making it impossible for my ex to have my son any other time than school hols anyway but unless he agrees I cannot move him a 4.5 hour plane journey away?

[ummmm]

Basically....

You could try. I would see a solicitor if I was you.

[36TEAK36]

This may seem a bit harsh, but you also need to consider the ability of your ex to look after his Son for long periods. The Summer Holidays are roughly 6 weeks long, what is your ex supposed to do for these 6 weeks work wise? Can he take 6 weeks off to look after his Son? It's not as simple as adding all the days up that he currently has his Son and then saying he will have just as much contact overall.

I am a Father of 2 small Sons, and if my Wife and I were to split up, I would fight tooth and nail to make sure my Boys were not taken away from me.

I know that you are wanting a better life for your Son, but I am sure that if there were statistics available, you would see that when Children are taken abroad, the Contact between Children and the parent still in the UK, will fizzle out to almost nothing.

[Buenchico]

Let's get 'parental responsibility' dealt with first:

1. If you were married to his father at the time of your son's birth he will automatically have parental responsibility.

2. If you were not married at the time of your son's birth, his father will only have automatic responsibility if your son was born in England, Wales or Northern Ireland and you also jointly registered the birth with his father. (i.e. the father's name appears on your son's birth certificate).

3. If neither of the above are true, your son's father will only have parental responsibility if you've entered into a formal agreement with him, or if a court has granted a relevant order.

Assuming that the father has parental responsibility, the following statements are true:

1. If you hold a residence order for your son, you can take him out of the country for up to one month at a time without his father's consent. If you attempt to take him out of the country for any longer you will be committing a serious criminal offence.

2. If you do not hold a residence order you will be committing a serious criminal offence if you try to take your son out of country at all (even for a day trip).

http://www.direct.gov...ildpassport/DG_174106

Chris

[Buenchico]

Oops! The final sentence should, obviously, have included "without his father's consent".

[bednobs]

unfortunately when you had a child with this man, you irrevocably tied yourself to him forever

[falrep]

My ex has 2 children both under 2 at home already, he works full time (shifts) he is a police officer and she is a stay at home mum, in addition to this his parents and both his brothers and their families live within 7 miles of them so there is more than adequate provision for childcare during the holidays, this is after all the main time that he sees our son now! I have also worked out that even though he has access every other weekend currently (not official) he is actually at work most of it so it is infact his new gf that has my son not him at all. If I was to live aborad and offer him holidays he could take time off work to suit! I have spoken to a solicitor and it seems that if I secure work in Cyprus I stand a very good chance of being allowed by the court to take my son there, especially as the access I am offering is more than he currently receives.

[bobjugs12]

Falrep, if your partner would object to having his son living abroad then I'm afraid you ain't moving out there with him. If the move is really about your son, then consider if losing contact with his Dad for long periods of time is a good thing? If it's about work and life for you and your new bloke then perhaps consider seeing if your son wants to live with his Dad