Can my former wife move abroad and take our children with her?

My former wife and I divorced in 2013. We have two children together, aged eight and six. My former spouse has now told me that she plans to move to Singapore with her new partner and I am extremely concerned about this because it means that I won’t be able to see my children regularly.

The children currently stay with me on alternate weekends and on Tuesday and Wednesday evenings each week and we are very close and have a strong bond. Will my former wife be able to move abroad and take the children with her against my wishes?

If your former wife is insisting on moving abroad and will not reconsider then you would need to object by issuing an application to the court for a Prohibited Steps Order. The court would then investigate the circumstances and decide whether or not your children should move to Singapore with your former spouse.

The court would consider the following factors:

• What is in the children’s best interests? Is there any evidence that their lives would be improved by moving abroad, for example would they have enhanced opportunities for education, an improved lifestyle or benefit from the experience of living abroad? Are there any other factors in favour of the move?
• Are your former wife’s motives genuine or is there suspicion that she is moving simply to try to reduce your role in the children’s lives?
• Does she have a thorough plan in place for the move, including a job, accommodation and school places secured for the children? Will their lives in Singapore be stable and secure with support from relatives or a network of friends? What would happen if the relationship between your former wife and her new partner ended?
• What would be the effect on your former wife if she could not move with the children?

As your children spend a lot of time with both of their parents, and you share responsibility for caring for them, then the court may not be concerned about the effect on their mother of not being able to move. The court would instead focus entirely on what is in the best interests of the children. You could also ask the court to consider the possibility of the children remaining in the UK with you.

It is extremely important to seek specialist legal advice as soon as possible in these situations.

For more information on prohibited steps orders or to discuss any aspect of family law please contact Janine Hutson on 01772 258321.