Divorced - coming back to Ireland with child

Rylan

Hi all

Hoping you could help with a query for a family friend. She has been living in Glasgow, Scotland for over 10 years. She has a 9year old boy who was born there (She is irish). She married the child's father in 2010 and they have been divorced about 2 years now. She is struggling to cope financially and ex husband is not paying any support due to being "unemployed" (work for cash in hand)

She really wants to come back to Ireland with her child however father is against this.

I know this is the UK but any idea of the hoops she would have to jump through or route she could take to possibly make his a reality.

Many thanks for your time.

Snugglebunnies

Is the father a guardian of the child? If so, I believe she will have to apply to the court's to relocate. The judge will make a decision based on what is in the best interests of the child.

judeboy101

Tell her to get the young fella an Irish passport. Brexit only 2yrs away.

ceejy64

A lot may depend on how much contact he has with the child. If he is generally absent this may go against him when she seeks a relocation order. She needs to remember that going home won't solve all the problems she has and she should keep an open mind and not have expectations.

Rylan

Thanks for responses so far. He has child 2 days a week but often is not there with grandparents minding him. He is a guardian. She has all her family at home to support her Jensen desire to come back. She feels isolated and a stranger in Scotland.

Denny_Crane

And that is most unfortunate for her, but she picked him. He's every right to see his child, supporting him is a completely different matter I'm afraid.

BrokenArrows

If she is aware that he is working for cash in hand then she should report him to the HMRC. Force him to get a tax paying job and start paying support.

Mrs OBumble

So she wants to deprive the child of regular contact with his father, and with his paternal grandparents? I wonder how the UK courts will see that.

plodder

Mrs OBumble wrote: »

So she wants to deprive the child of regular contact with his father, and with his paternal grandparents? I wonder how the UK courts will see that.

If it's in the best interests of the child, then they might look favourably on it.

Denny_Crane

plodder wrote: »

If it's in the best interests of the child, then they might look favourably on it.

As, of course, they should. This seems more about the mother though.

Practically speaking, her best bet is going to be try and agree this amicably, show she has a support network in Ireland and above all someway of supporting herself and her child. Perhaps a good portion of the summer holidays and alternating Xmases could be used to make up for the two days a week. That would also have the benefit of putting the burden of support on to the father/grandparents at that time of year.

GritBiscuit

Mrs OBumble wrote: »

So she wants to deprive the child of regular contact with his father, and with his paternal grandparents? I wonder how the UK courts will see that.

Same as the courts do here...if it's in the best interests of the child to have a mother who is supported and can attain gainful employment to maintain the child in a manner their father is failing to and will be surrounded by their maternal family with access supports put in place, then all involved will be entitled to move on with their lives. Courts generally don't indulge in trapping one parent without prospects or familial support in order to facilitate the other parent having their cake and eating it with minimal positive contribution.

OP, firstly access and maintenance are two separate issues altho a lack of financial contribution will be taken into account by the courts. Your friend will need to apply for right to leave the UK if the father is against the move and will not budge on that. The onus will be on your friend to convince the courts such a move is in the child's best interests - that she has accommodation, employment and sufficient familial supports in place that the child's quality of life would significantly improve. I suspect she would also have to ensure there are protections and agreements in place to allow regular contact and visitations/access with the father and his family - possibly at her own expense. She should contact a solicitor - the UK has a legal aid system too she can apply through.

All the best

plodder

It's not like she is moving to Tasmania. Dublin is not a lot harder to get to than London for example (from Glasgow). So, I don't see the fundamental problem, except of course the cross border legal question. Answering that here would cost a few thousand euro, and I imagine it would be similar in the UK, with professional reports required etc. She should talk to a family law solicitor who would advise best I think.

Denny_Crane

The approach in England, at least, is mediation. I'm not sure of the Scottish position. It may have to go legal but in the first instance try and sort it out amongst yourselves.