MatteoStefano

Hi..my situation is a bit complicated..i have two kids aged 12 and 16 and we live in England.. I wanna move to USA where my american partner lives and we are planning to get married soon..I am also going through divorce from my kid's dad due to domestic violence and left family home with kids 4 years ago and he did not know where we live..since then he has not seen his children but he applied for disclosure of our adress and visitation..but after very stressful period court and cafcass said he is not allowed to see kids and our adress to remain confidential unless he does domestic violence course so I was granted child arrangement order which is equal to sole custody..he has indirect contact with kids sometimes writes letter through my solicitor..he never looked after our kids during our marriage as I was living in turkey and looked after our kids and he was living in italy never ever helped me with any penny..( I moved to uk in 2015 and he moved to uk 2013) so he was always absent from their life..all of a sudden after I claimed child maintenance he became a caring father..my questions is what are my chances to relocate to USA with kids without his consent after getting married my partner? Please I do not want any personal opinions or comments criticising my choice as I've seen lots of bad comments instead of sharing knowledge and helping..I just need information which I might be missing ..thanks

tom169

Speak to your solicitor. It has been done but will require some legal work if the father doesn't agree.

scrubbedexpat099

Your Lawyer would be the best person to ask.

Pulaski

Possible? Yes. Likely? Who knows?

It sounds like you will probably need a court order, assuming there is any chance of your children's father getting visitation rights restored. All sorts of strings could be attached if you are allowed to remove your children from the UK, including mandatory returns to the UK for a period of weeks every year.

If the father digs his heels in, and can afford good legal representation, then he might still be able to top you removing them from the UK, The ugly truth is that this might be a matter of who has the deepest pockets to fund court hearigs.

MatteoStefano

Hi ...their father has not granted visitation..he has only indirect contact by letters once in a while

MatteoStefano

Can I try first family mediation first as solicitors are so expensive? Though I know he will not give consent

christmasoompa

If he are absolutely sure he won't give consent then mediation would be a waste of time tbh, you'll need a court order to remove the children from UK jurisdiction if you can't get his consent. So may as well go straight to court if you're absolutely sure that will be the case.

Would your USC partner consider moving to the UK instead if need be?

MatteoStefano

no my partner cannot move to uk as he has a secure job which he cannot resign...we thought all possibilities already..

civilservant

The children are going to be the hindrance, especially if the father is of a mind to stop you (which apparently, from his previous actions, he probably would be) Ultimately if you cannot afford to get that resolved by a court order, then you either give up the children and move or he moves to the UK.

MatteoStefano

it is not an option for me to give up my children. I looked after them all these years alone and I did not think about it even once..do you know how much does it cost if I apply for permission to the court?

Pulaski

Well it will take the time and expertise of a solicitor, plus court fees. ..... But if the children's father decides to contest your desire to remove his children from the UK, then the cost is unknown, it could drag on for a long time, with accumulating legal fees and court costs, so potentially many £000's.

MatteoStefano

and do you know what is the age limit? As far as I know I need his permission if kids are under 16..my oldest is 16...maybe I can argue with their dad on that

Pulaski

(As a side note, I find it hard to believe that is actually correct. Shouldn't it be "not willing to"?)
Between those three absolutes, something is going to have to "give".

MatteoStefano

ok..but my eldest is 16...as far as I know I need my ex permission only if child is under 16...I know I will have still his consent for my youngest one who is 12 but maybe I can argue on that? What do you think?

civilservant

Of course. I understand.

However you asked for options, and that's what I stated.

No one here can tell you how much it would cost, simply because no one knows. I don't know of anyone on BE who has been through what you are considering that has come back and let us know what the outcome was or what it cost.

A child is not 'of majority' until they are 18.

21 in the US, although that is not strictly relevant.