Seeking permission to relocate
24 August 2020 at 9:15 am #43196
Hi, Im really hoping someone can give me a bit of advice.
I am a single parent to a 3 year old boy. He was born in Northern Ireland. When he was 8 months old, we moved to London as his dad is a chef and said it was easier to get a job there (his dad is from London, we met while we were both working in the Channel Islands). We lived together in a flat in London for almost a year until my partners gambling addiction became too much, he lost his job and as a result he lost the flat we were living in. He didn’t come home one night – went to casino after work – phoned me at 3am and said I should take our son and f*** off back to Ireland. This is exactly what I did, I packed and left before he got back – this wasn’t the first night like this.
That was June 2018, I then moved to Essex in Sept 2018 – 1 hour away from the dad on public transport – so he could be a bigger part in my childs life. He rarely bothered to visit, didn’t give regular child support and often let us down. He then started looking for jobs further a field – Reading, Portsmouth etc so it was almost impossible for him to visit, I drove my son to him on a number of occasions.
In Feb 2020 he accepted a job in Guernsey and moved there just in time for lock down. Came back in June for 4 weeks, went back to Guernsey, got arrested for breaking quarantine, got put in prison for 300 days as he couldn’t pay his fine. I sent him a letter in prison saying I was starting proceedings to seek permission to move abroad and now suddenly and miraculously he has found the money to pay the fine and gets out in a couple of days apparently – he will return to England (I don’t think he has a choice)
My plan has always been to move to the Middle East or Canada, even when we were together. I am an AHP in the NHS and will find a job in these places with much better prospects. As a single mum in England, with no family support, I fear I will never be able to provide the life for my child that I want to. I feel that because my child’s dad has chosen to leave the country that his child lives in, I have no legal obligation to stay in this country but I cant find anything to back this up.
I realise I will have to go to court to seek this permission but I just don’t know where to start or the best way to go about it. I earn £19,000 per year as I work part time and Im due to be promoted in the next few weeks so will be earning £25000. From what I’ve read this means I don’t qualify for legal aid? From the prices I’ve seen online, I’m not sure I’d be able to afford a solicitor, do I need one? Is it worth declining my promotion until I have gone through court?
Any advice would be greatly appreciated!!!!24 August 2020 at 9:16 am #43197
☺️25 August 2020 at 9:50 am #43215
This is so sad to read, I’m in London with family but no help at all.. Wish you lived near me. I’ brought up child on my own, worked and pay child minders. We have got enough to live on but it’s so hard when you haven’t got much help. Thankfully we get on line delivery so that’s been helpful and my child has ajways gone to school. Are you going abroad to get away from this man or have you just had enough?25 August 2020 at 10:34 am #43217
this is the best I could find.
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>Legal Aid for most children, divorce and financial matters in private family law cases ended in April 2013. Legal aid is, however, still available, if you are eligible, in a number of areas.</span>
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>You might be eligible for Legal Aid for the following:</span>
<ul style=”list-style-type: disc;”>
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>protecting yourself or your child from abuse or harassment, such as </span>domestic violence or forced marriage
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>advice on finances, children or divorce if you’ve been in an abusive relationship</span>
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>Social Services involvement with your family where a child is at risk of being taken into care, including court proceedings brought by Social Services in relation to a child</span>
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>family mediation</span>, for example if you’re separating or getting a divorce
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>child abduction: to secure an order to prevent the unlawful removal of a child from the UK or to secure the return of a child unlawfully removed from the UK</span>
<span id=”docs-internal-guid-b61c9cbe-7fff-4b52-1d4b-a57e124d952f”>where a person is a party to family proceedings and is under 18 years of age</span>
How to get it done in your child’s name seems to be the proof of the pudding. So ne need to decline the promotion, it won’t help.27 August 2020 at 1:02 am #43267
Most solicitors will give you a free consultation for half an hour so they will at least indicate what is expected of you. Also if you did need to enlist a solicitor most family ones will let you pay in installments. I don’t know the law around this but it may be that if he also doesn’t qualify for legal aid and hasn’t been involved up to now the cost may be worth it to start afresh?