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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34127
Experience:  25 years experience of all aspects of family law
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This question is going to be a bit odd as I am actually an

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This question is going to be a bit odd as I am actually an american looking for help understanding UK Family Law. I have been dating my girlfriend, who is British, for some time now. We have decided we want to get married and she would like to move to the US. Ignoring all the immigration processes as we have already looked into it and have a plan of attack, we have one major issue to resolve. She has two kids with a man from the UK. He is on their birth certificates, therefore has PR but there is no court orders in place. Here is the problem, he rarely (once or twice a month, sometimes less) sees them and in fact when he does come over to see them, he ignores the children and spends 15 to 20 minutes just talking to my girlfriend. He has never paid any support or even offered to help with any expenses she has had with the kids. Yet when she mentioned to him that we were dating, he immediately told her if she ever tried to move away he would fight her. I know he has rights based on what I have researched but to what degree? What suggestions would anyone offer on this issue?
Hi
Thank you for your question
I shall do my best to help you but need some further information first.
How old are the children?
Claire
Customer: replied 3 years ago.

3 years and 7 months

Hi
If your partner wishes to move to the States to be with you then she will need either their father's permission or an order from the Court.
To be successful she would have to show that her new relation ship was solid and lasting- and that you have already met more than once and spent time together.
She will be expected to produce a dossier showing where the children would live and go to school what financial support she will have and how their medical costs would be covered.
In addition the court will expect a clear plan as to how ongoing contact will be maintained and financed - Skype and visits back to the Uk for instance.
Finally she will need to show that she has thought about what will happen if something happens to you or the relationship - how would she get home etc
You can read more about such applications here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
I hope that this is of assistance - please ask if you need further details
Claire
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Would it be possible for us to work together outside of this website?

Hi Jason
Not at present I am afraid although this may change within the next fortnight
Claire