My ex partner has parental responsibility and a contact order to see my son but he has not made any contact for three years. I am planning to move to Spain and need to know if I can just take my son with me without his fathers consent?

November 27, 2008 by Anonymous

Unfortunately as your son's father has parental responsibility, his consent is required before you are able to remove your son from the UK to live permanently in Spain. If this consent is not forthcoming you would be able to apply to the court for a specific issues order granting you leave to remove of your son. In these circumstances of the father playing a negligible part in your child's life it is probable that the court would have little hesitation in making such an order which would be little more than a formality.

My advice is to write to the father straight away seeking his permission. If this is not forthcoming or if you are out of contact with him an application under section 8 of the Children Act 1989 should be made on form C1. If further advice is needed or if you would like us to help you with the application to the court please get in touch.