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As you were married, the children’s father will have parental responsibility. You will therefore need their permission to remove the children. If permission is not sought then that parent can allege a wrongful removal and seek the children’s return to this jurisdiction. We would recommend a Court order setting out the arrangements so that you have clarity in your agreement and that it confirms that you have the other parent’s permission. This is something we can assist with, to endeavour to avoid any issues regarding jurisdiction arising.

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