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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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ex applying for ptl

by peter / Posted 11/10/2010 / Updated 07/12/2010

i am currently going through divorce, i am from scotland and my wife is from bulgaria, we have a son together who is 8 years old, we separated 2 years ago, we have lived in spain for near 8 years. I see my son as often as i can, the court order states i have rghts to see him every tuesday and thursday and every second weekend from friday untill sunday he stays wth me.
also the court order says i have to pay half the mortgage and maintenance for my son. In the last 3 months she has abandonded the house and moved 30 miles away making it diffacult for me to maintain contact, and doing so she is not complying with the court order,
now she has a new boyfriend who lives in london and wants to go and live there, so has applyed for ptl, stating that she has been offered a job there. Of course i have contested this, and have a court order stopping him being removed for the moment,
i there much chance of her being succesfull in her aplication? i am worried that a small court in a small spanish town will have no experiance of this.

Responses

From Melissa / Posted: 04/12/2010
Peter i really feel for you, my husband and i live in spain, his ex wife is bulgarian they a a 7 year old daughter, when they got divorced (in spain) she moved over 400km away, and ever since then has made our life hell, with not allowing him to see his daughter or talk to her on the telephone.
We have tried numous solictors in the ara that we live and they all have been useless. Now the ex has moved back to bulgaria and we have no forwarding address (we have not got a clue were she is) Reunite have been helpfull. at the moment we are working with the abdution unit in madrid ( but as we are in spain its taking forever, 2 months we sent them all the detials & still no responce)
I hope all goes well for you
From Rebecca / Posted: 07/12/2010
Hi Peter, firstly, can I comment that at least your wife is trying to do this the legal way by applying to relocate and has not just done it. I know this does not make the situation any easier at the moment, but you have been spared the trauma of going through the Hague Convention. I have no experience with Spanish authorities, but I have been through the relocation process (PTL) with another country, and what the judge in that country looked at primarily was to keep the child with both parents having contact. In your case, a court order is already in place which gives you contact with your son and you are exercising that right, therefore, there is an ongoing and valid father/son relationship in place which would be broken if relocation was allowed. The judge will also look at how easy it will be to maintain contact and visits and how this will be afforded and paid for, with the possibility of your wife having to pay for 50% of the round trip travel costs for your son to fly to Spain to see you. The relationship with her new man should also be looked at, how long she has been with him, how well your son knows him, how much time your son has spent with him, the living arrangements and schooling in the UK etc, and also evidence from her potential employer and confirmation of a permanent job (not temporary contract) and the salary she will be on. If your ex wife proves to the court that this move is absolutely necessary for financial reasons as she cannot get a job in Spain and therefore, cannot afford a standard of living, she may stand a chance in being successful. However, if she wants to move just because it suits her current romantic situation she may not be so fortunate. She is not British, so I am not sure what (if any) visa issues there are for her to permanently remain in the UK, and does she have any family or support network here? As parents, we all have to make sacrifices for our children, and we cant always do what we want to do when we have them as we have to put their needs first. In my opinion, it is more important that your son has both of his parents in the one country, so your exs romance may have to suffer so that this can happen. If the judge orders that your son has to remain in Spain then your ex has a choice to leave him with you and pursue her romance in the UK, or remain in Spain with your son. If your worst case scenario was to come true and your son was allowed to be taken to the UK, is there a possibility you could return here too and start afresh and still have contact with him here? These are all the options a judge should look at before making any order, so the more evidence you can gather the better.

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