LEGAL EAGLE: If consent is not agreed a court agreement would be needed for children to go US

I have two daughters aged 7 and 10 with my husband, but since he moved to the United States for work just before summer, our relationship has broken down and we are now separating.

We have reached an agreement over the divorce and finances, but we are now still trying to sort out future arrangements in relation to the children. We had previously agreed that I would take the children over to the US to see him over the half term, however, I am now anxious about this.

He is becoming very verbally abusive towards me and threatening to come back to the UK and take the children from me. Our daughters were born in the UK and have only been to the United States during school holidays.

He is planning to remain in the United States and is named on the children’s birth certificates. What should I do?

I am very sorry to hear about your situation.

As your children were born in the UK then your ex-husband will need your consent to relocate with your daughters to the United States, unless there is a court order in place allowing him to do so.

As there is no court order then he must obtain your consent in writing, and if you have not provided this, then this would be considered child abduction.

If an agreement cannot be reached between you and your husband about contact or where the children should live, then an application needs to be made to the Court for a Child Arrangements Order.

The order states who the children live with and when they spend time with the other parent.

If you think he will come to the UK and take the children from you to the United States, then you need to make an urgent application to Court for a Prohibited Steps Order.

The court can make an order prohibiting your ex-husband from removing your children from your care unless you have agreed contact arrangements with him.

If your ex-husband breaches the order, this is very serious as this is a contempt of court and he may be fined, imprisoned, ordered to undertake unpaid work or pay compensation.

If you would like to make an appointment at one of our offices to discuss this matter further, then please do not hesitate to contact Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.