I was divorced in Spain and now need to leave with my daughter, I have full custody

[haley]

I am from the UK but I was divorced in spain and both my ex and I still live here but i now need to go back to the UK, I have full custody of my 12 year old daughter, and he has stopped my maintenance, do i need his permission to leave the country.

[AFFA]

I wish to inform you that your divorce decree will govern the situation. If divorce decree is silent then you can ask father to give permission. If father refuses then a court order may be taken. As the child has to be taken out of country therefore permission of father will be required. Further if you take child without permission then father can file charges of parental kidnapping.

AFF

[Friend In Court]

Originally Posted by haley I am from the UK but I was divorced in spain and both my ex and I still live here but i now need to go back to the UK, I have full custody of my 12 year old daughter, and he has stopped my maintenance, do i need his permission to leave the country.

If there is an order for visitation, you cannot fulfill those terms from the U.K. Yes, lacking express written permission from your ex to return to the U.K. with the child, you will have to have permission from the court. You can also take him back to court to address the maintenance issue. If this is spousal maintenance and you need to return to the U.K. to become self supporting or have help from family, this would mitigate in your favor for the court granting permission for you to move.

If there is a visitation order, this would have to be modified and having it court ordered would make things clear.