[terrisean]

I'm going to marry my american boyfriend but I have a son from my previous relationship,and we want to live in the usa because my partner has a good job and he loves it. My son only see his dad once a year in the 6 weeks holidays can his dad stop me from moving and making a better life for myself and son

[HistorianChick]

How old are you?

[terrisean]

What's my age got to do with what I have asked or the rest that has been written, so from my understanding that because I have a son with another man for whom I have nothing to do with except when he see his son I'm not aloud to be with another

[HistorianChick]

Wow... please don't get defensive, I'm only here to help. I read that question wrong... I thought it was your dad not wanting you to move in with your soon-to-be-husband.

I'm not sure what the laws are in the country that you live in, but moving a child overseas, away from his biological parent probably could be contested in court.

Does the father have any legal visitation rights? If so, it may get difficult.

I'm not an expert on this (obviously), but it seems that yes, the father could fight you on this.

But wait for other's advice...

[terrisean]

I was not getting defensive I just could not understand why my age was being asked. My age had nothing to do with the question I asked. No he don't have any visitation rights he only see him once a year in the six weeks holidays and he makes no other effort to see him, we have never gone to court and I come under british law

[cadillac59]

Although this board purports to offer help worldwide, the majority of the participants and regular contributors are in the US or Canada. I can speak authoritatively on California law because I practice family law in this state, I can offer general advice on the law of other US jurisdictions but moving beyond that, I think understandably, my knowledge of European family law in general, and British family law in particular, is constrained.

If the tables were turned, I could say confidently that yes, a parent can always object to a child's move away with the custodial parent, especially if it involves an international move. And this can certainly cause an extended delay in the ultimate decision of whether the move is allowed. I would not be surprised if the same rule applied generally in the UK but, of course, to be certain you need to check with an experienced family law solicitor in your community.

[ScottGem]

I'm going to go out on a limb here. If the dad sees his son "once a year in the six weeks holidays" and will continue to see him during that time, then I doubt if he can block the move. However, if the move will prevent him from having the visits, he may be able to block it.

By the way, is the holidays vists part of something ordered by the court or just something the two of you agreed on? Also is it during the whole 6 weeks or just some part of it.

As noted, you need to consult a Family Law attorney where you live.

[terrisean]

Thank you ScottGem, the arrangement we made are between us and not the courts, that he would go for a few weeks in the six weeks holidays and I would never stop that from happening either where ever I lived. Once again thank you

[ScottGem]

If it's a private agreement and you continue to allow it, I can't see him stopping you. He could delay things a little, but that's all.

[cdad]

i was not getting defencive i just could not understand why my age was being asked. my age had nothing to do with the question i asked. no he dont have any visitation rights he only see him once a year in the six weeks holidays and he makes no other effort to see him, we have never gone to court and i come under british law

The reason why someone would ask your age is because you could be 14 years old and have a child. In that case you could be living at home with your parents and may not be of an age to sign documents etc. Happens all the time so we are just trying to get you the proper advice. In some countries its acceptable to have a child at 16 and in the U.S. you aren't an adult until 18. ( can sign your name to contracts etc . )

[terrisean]

Dear Califdadof3 maybe I would have not gotten so confused as to why I was asked my age. Instead of just asking what my age was, it could have been explained a little better by saying,( Can I ask how old are you so that the right advice can be given because if you are a child yourself the law can be very different for you ). So do you see how that was very different instead of just how old are you.