The person's mother is planning on moving to another country and taking them with her, but the person wants to live with their father instead. The parents are not divorced. What can the person do? | LawHive - Solicitors & Lawyers Online
The person's mother is planning on moving to another country and taking them with her, but the person wants to live with their father instead. The parents are not divorced. What can the person do?
A few years ago my parents split, fairly amicably at the time. My sisters and I ended up living with our mum due to practicality of school transport. Fast forward a few years and I’m the only child at home, and things are a lot different. My mum is planning on moving away to another country and she wants to take me. She’s talked to my father about this and he has been sold her narrative that it is what is best for me. Now I’ve been trying to move in with him anyway, as I don’t feel safe living with my mother. I have tired talking to him about it, but he’s unwilling to take action against her back, and when we’ve tried to collaborate it’s ended up as it is. What can I do about this? My parents aren’t formally divorced either, so I believe that I could live with either. Any help would be greatly appreciated Edit: England based

Julia Eads

20th October 2021

+3

6 upvotes

Top Answer
If there’s no court order, then you can just go and live with your father. If there is a court order saying you reside with your mother, then an application can be made to the courts (by your father) to change this and have your main residence be with him. Also, your mother cannot move you abroad if your father does not consent, unless she obtained a court order to do so. I’m not sure, though, if you’re saying he’s been sold her narrative that it’s best for you— maybe he is consenting? Ultimately if you want to move your kid abroad, anyone with parental responsibility has to agree. Anyway. I’m not sure how old you are, I assume teenage, but the courts will listen to the voice of the child. That is to say, they will want to hear from you what you want to happen, and that does hold weight when the courts are making decisions. If you don’t feel safe living with your mother, then your father is within his rights to keep you with him— even if there is a court order saying otherwise. This is because he can choose to exercise his parental responsibility to keep you safe. It would be expected that he seeks legal advice after doing so, though.

Joseph Loveless

11th February 2022

+6

9 upvotes

The problem would be if your dad says you can't live with him. He doesn't have to let you live with him and if they agree you should live with your mum, that's their decision. Hopefully they would listen to you and respect your opinion on the matter, especially as it comes to moving countries, but they don't have to. If you don't feel safe at home, you can speak to staff at your school and they can get others involved, if warranted.

Arlene Thomson

11th February 2022

+1

4 upvotes

Be brutally honest w your father. You do not want to leave your country! It is unfair to disrupt you from your life. Why do your parents think this is ok? how long til university and what are the educational opportunities where you are vs new country? Consider writing a letter w why you want to live w dad for both your m&d to read

Byron Edwards

11th February 2022

2 upvotes

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