I want to take my child to live with me outside of the UK, but my partner doesn’t agree. What can I do?
Having been here, in Catterick Garrison since the early 1970s, we know what the stresses of military life can mean for a family.
We know that there are occasions when forces personnel need to move away from the UK and that they may want to take their children with them.
We have dealt with a number of these applications over the years, and the most important advice which we can give is that you should start discussions with your former partner as soon as possible, as soon as you know (or as soon as you hear, even through the grapevine), where and when you will be posted.
It is important to keep the other party fully involved. We know that decisions in the military aren’t taken quickly and that information isn’t always made available with speed.
However, the lack of involvement of the other party can prove disastrous to any later Court application.
It is important that you have specific plans in place as to where you are going to live, how long the posting will be for, who will be caring for the child, what school the child will go to etc.
More importantly, you must have a concrete set of plans to present to the Court which will enable the child to have an ongoing relationship with his or her other parent.
If the other parent is determined in his or her objections, then you may have to issue a Court application. There is no presumption that permission will be given.
Plans will need to be well thought through and there will need to be a genuine motivation behind the plan.
These applications take time.
Without doubt, CAFCASS will be involved.
You should be mindful of this and make sure that you issue your application in good time to ensure that it will be concluded before your posting begins.
Please make an appointment to meet with Allen Bailey to discuss these issues in more detail.