Client Question:
My ex-wife and I split some years ago, at the time our daughter was 2 years old – she is now eight. Communication has never been good between my ex and I – we did once try mediation but it didn’t seem to work for us. I have recently become aware from my daughter’s gran (my ex-wife’s mother) that my ex has decided to go to Amsterdam to live and will be taking our daughter with her. This was not discussed in any way with me, I found out by accident and I don’t think I was supposed to know. I won’t be able to fly to Amsterdam every week to see my daughter so really don’t want her taken away without my consent.
Brookman’s Answer:
If you have Parental Responsibility over your daughter, then your ex-wife will require approval to take your daughter to live in Amsterdam. It is probable that you have Parental Responsibility if your daughter was born here. If you do not agree to your daughter being taken out of the jurisdiction to live in Amsterdam, then you should to tell your ex-wife that.
If it looks like she is going to take her to Amsterdam anyway, then you may have to seek an emergency stop order from the Court. In any case, if you are not in agreement, the onus would be on your ex-wife to make an application to Court for Leave to Remove your daughter to Amsterdam and the Court will judge the case on its merits. If you are regularly seeing your daughter, then it may be more difficult for her to gain approval, but the Court will consider all of the factors.
Read more on our Europe page and international abduction page.