UK Law: Can a mother move away with the kids?

Question

Opening preface: by friend is an idiot, and please cite sources.

So my friend and his wife are seperated, have been for a couple of years. Divorce seems likely, but according to her (through our mutual friends) she's waiting for him to have an inheritance worth taking through a divorce settlement.

The meat of the question though - they have two children (she has another child from a previous relationship).
She is planning to move away, from England to Northern Ireland.
THis has made my friend exremely grumpy and angry as I'm sure you can imagine. He doesn't want to lose contact with his kids, but he can't afford to move because he literally gives her every penny he makes.
He's living in my spare room right now, because he has no money for rent.

So, to try to help him in some way, can his wife do this?
Is she legally allowed to move away with the kids, thus denying him access?

Please cite sources. Thanks.

Anonymous · Answer

Yes

Vicky · Answer

A friend of mine was in the same situation, she had to get the Fathers permission before she could take the kids. I'm wondering if the same rule applies though as N.I is part of the U.K. It would be a good idea for your friend to get in touch with the C.A.B.

My heart goes out to your friend, I hope he gets things sorted out soon and can move on with his life.

Anonymous · Answer

Google it

Bob · Answer

I agree with what Maxi said and would add the following: He might want to consider getting divorced before he gets his inheritance to avoid having to share it with her.

Maxi · Answer

Yes she can move, unless he goes to court and gets a court order to stop her taking the children away from England, he can also get court ordered visits etc........... and he can also go and get some advice, by going and speaking to a legal aid solicitor where he can start the divorce process as well as legally stop her removing the children to NI ( where the court system is different) and she could apply to have the divorce moved to family court there....meaning it will be more difficult and more expensive

UK Law: Can a mother move away with the kids?

5 Answers