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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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I just won a case( June 2013) against my former husband to

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I just won a case( June 2013) against my former husband to remove my children from England to Saudi Arabia and also I was given full child custody. The visa process takes about 6 weeks. I am worried that my former husband might appeal while I am waiting for my Saudi visa. My questions are :
1. If my former husband appeals ( he was on legal aid ) will I be able to leave England?
2. While I am waiting for my Saudi visa am I allowed to go to a neighbouring country to Saudi Arabia and wait there?
Thank you for your question
I shall do my best to assist you but I need some further information first
Is there any reason to fear an appeal and how long would you be in the other country for?
What are the interim contact arrangements?
Customer: replied 3 years ago.
The reason I fear he might appeal is he was obsessed with me and very controlling. Even the high court judge acknowledged that. He was ordered by the judge not to cause any problems.
I am moving to Saudi Arabia permanently to be with my new husband who is working there.
The children will be seeing their father during summer holidays for 6 weeks.
How long will you need to stay in the alternative country?
Customer: replied 3 years ago.
4 to 8 weeks
If he does appeal it is unlikely that you will have to remain in the UK whilst it is heard.
Since you have a Residence Order you can take the children abroad for up to 28 days at a time without his permission or that of the court so provided you do not interfere with his contact you can indeed take them elsewhere
I hope that this is of assistance please ask if you need further details
Customer: replied 3 years ago.
The reason we are worried is that in the court order it states that if we want to move to another country from Saudi Arabia we must inform him 30 days in advance. We don't need his permission to reside in a country other than Saudi we just have to give him ample notice. Our plans of going to Jordan 1st is very temporal only until we get our residency visas approved for Saudi. It is cheaper for my current husband to take care of us from Jordan and also my landlord wants to sell his house and wants us to leave as soon as possible. We are planning on leaving in ten days and wonder if this violates the 30 days notice and our stay in Jordan will be considered residing in a country other than Saudi esp. seeing we'll only have visitors visas while in Jordan and not residency visas.

Finally is there a difference between full residency of the children and full parental responsibility? In the transcript of the final hearing for the judgement the judge stated that I will be the one to make all decisions concerning the welfare of the children however she didn't use the wording "full parental responsibility" neither did she make any mention of me making all the decisions in the actual court order document. So I wonder if full residency is the same as full PR and does that mean my ex-husband has no parental responsibility at all?
From what you have said it is clear that your visit to Jordan is just that - a visit - so there is no question of your residing there provided you return to the Uk after 28 days
You have Full Residence of the children - your husband retains Parental Responsibility which cannot be revoked since you were married I am afraid (other than by adoption)
Clare and 3 other UK Family Law Specialists are ready to help you

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