Looking for legal advice. My partner's job (an academic) is based overseas. He works remotely a lot, but he has to travel when he is teaching. He has a 2.5month teaching stint this autumn - which looks like it will be going ahead F2F. (His location is much less affected by Covid at present than here). Normally he'd commute weekly, but with minimal flight schedules and quarantine, it'll be a 2.5month trip this year.
We have one child together & I have one by my ex (8yrs), who lives with me, going to his father's alternate weekends & 1 overnight during week.
My partner is extremely concerned that if he leaves me here, when schools go back in Sept, I am at risk of contracting covid and be unable to cope alone. He wants me to come with him for the 2.5months, with one or both children. This is my preferred option too. We would be flexible as to whether the elder son came too, or stayed with his father. Schooling can be arranged locally over this period. I can work remotely.
The issue is that his father won't find either option acceptable. He does have a fairly long hours job, but is currently working from home, and I would imagine that will continue. His view is that the logistics of drop offs/pickups is my problem except on one evening and morning a week. For example, he refused to share the burden of lockdown, even though my partner and I both work.
I know he'll run to his lawyer at the prospect of his son going away for 2.5m.
Legally - I know he can stop me taking his son out of the country. - But I'm not trying to do that. I'm saying I intend to go out of the country to protect my family - and he can choose whether my son comes too or stays with him. It is a short-term arrangement in exceptional circumstances, not permanent.
(As background - I am not in an 'at risk' group, but I have a history of severe post-viral syndrome, chronic fatigue and tend be severely knocked out by 'normal' viruses. I have no family back-up - and it might be tricky, given flight restrictions for my partner to return at short notice.)
What's the legal position here?