Moving Out of Country, Dad doesnt do visits anyway

[LifesPeachy]

What is the name of your state (only U.S. law)? DE

What are the chances of a court approving a move to the UK?

My husband has been looking for work in the US for some time, with no luck.

He can get a job at his old company in the UK, so we are thinking we may have to move to the UK so he can work.

My Ex has therapeutic visits only. He was ordered this in January. Before this he had supervised visits only ordered in September. He has not done either visitation and so therefore has not had a visit with our daughter since August. These were both ordered because of an incidence of abuse in August. He's filed to have child support lowered as well.

I just dont see how a court could expect us to stay put for someone who may or (most likely) may not take advantage of his visitation.

I would not contemplate a transatlantic move if he were actively working on his relationship with his daughter, however he has virtually been MIA since August.

I have asked my lawyer but he basically said we'd cross that bridge when we come to it. I'd rather know the chances of the courts granting the move before we make plans to move.

Thank you in advance.

 

[LdiJ]

What is the name of your state (only U.S. law)? DE

What are the chances of a court approving a move to the UK?

My husband has been looking for work in the US for some time, with no luck.

He can get a job at his old company in the UK, so we are thinking we may have to move to the UK so he can work.

My Ex has therapeutic visits only. He was ordered this in January. Before this he had supervised visits only ordered in September. He has not done either visitation and so therefore has not had a visit with our daughter since August. These were both ordered because of an incidence of abuse in August. He's filed to have child support lowered as well.

I just dont see how a court could expect us to stay put for someone who may or (most likely) may not take advantage of his visitation.

I would not contemplate a transatlantic move if he were actively working on his relationship with his daughter, however he has virtually been MIA since August.

I have asked my lawyer but he basically said we'd cross that bridge when we come to it. I'd rather know the chances of the courts granting the move before we make plans to move.

Thank you in advance.

I honestly don't think that anyone can tell you what your chances would be. Normally, it would be extremely difficult to move a child overseas without the agreement of the other parent.

However, there are some extenuating circumstances in your case that might make it possible.

I will tell you that you had best get court permission however, before making any plans at all.

 

[LifesPeachy]

Thank you LdiJ. So you think it'd best to go to the court and say we WANT to move the UK and look for work then? I thought it'd be better to set things up first (job, housing, logistics) and then ask the court to move as everything is more tangible then. That's why I asked though, because I wasn't sure.

 

[LdiJ]

Thank you LdiJ. So you think it'd best to go to the court and say we WANT to move the UK and look for work then? I thought it'd be better to set things up first (job, housing, logistics) and then ask the court to move as everything is more tangible then. That's why I asked though, because I wasn't sure.

No, you need permission first when it comes to an out of country move. If your husband had a concrete job that was open ended enough that he would still have it even if it took six months or more to get permission to move that could possibly be helpful, but otherwise there is little to no chance that you could get permission and make plans within a reasonable time frame.

You could take the risk that your husband accepted a job in the UK and moved there while your case was pending, but you would be taking the risk that you couldn't join him and keep custody of your children.

 

[LifesPeachy]

No, you need permission first when it comes to an out of country move. If your husband had a concrete job that was open ended enough that he would still have it even if it took six months or more to get permission to move that could possibly be helpful, but otherwise there is little to no chance that you could get permission and make plans within a reasonable time frame.

You could take the risk that your husband accepted a job in the UK and moved there while your case was pending, but you would be taking the risk that you couldn't join him and keep custody of your children.

I thought you might say that (second paragraph) because I've seen it enough in this forum to figure that. However- how could the courts give Ex custody when he has proven himself to abusive and now not exercising the visitation he was ordered?? The frustrating thing is that if he had worked on his relationship with her since September, we might be back to normal visitation by now. He is sabotaging his future relationship with her.

In your first paragraph- you are saying that I should file something with the courts (what exactly?) saying that we would like to move to England. If they say yes, THEN look for work and make arrangements, correct? I will definitely use my lawyer for this because its too important not to. If they deny my request, I wonder if I could get permission at that time to at least move out of state- or would I have to file something completely different?

Sorry for being slow, its Monday night and at least I survived a Monday!!

 

[PQN]

If dad is not interested in being dad, would he be willing to let your husband adopt her?

 

[LifesPeachy]

If dad is not interested in being dad, would he be willing to let your husband adopt her?

Not a chance! He wouldn't approve any move either, whether its out of state or out country. He's contested everything from the start.