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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi thanks for the information regarding my ex husbands attempts

Resolved Question:

Hi thanks for the information regarding my ex husband's attempts to have our son live in China. I am seeking other legal advice as my ex husband is coming to Britain at Christmas andbu fully I expect he will want to see our son, since I sent the earlier questions through he has made more attempts at bullying me via telephone. I do however want my son to see his father but I need to ensure some kind of formal arrangement that makes me feel he will be returned to me (he withheld my son form me when we first separated) I am still not in the position to afford legal aid, my ex husband will have access to my son in Britain only at this time.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
When is he due to arrive and what contact do you wish to offer?
Clare
Customer: replied 3 years ago.
My son's father will be arriving around Christmas time, it has been agreed thats he will be with me for Christmas as he spent the last two Christmases with his father and family. Although things are very strained between my ex husband and I right now I would still encourage my son seeing his father whilst he is in England for a weekend visit.
Expert:  Clare replied 3 years ago.
Hi
Do you have your son's passport in your care?
Clare
Customer: replied 3 years ago.
Yes I do
Expert:  Clare replied 3 years ago.
Hi
Will you allow your ex to have him overnight?
Clare
Customer: replied 3 years ago.
Yes
Expert:  Clare replied 3 years ago.
Hi
Does your ex have somewhere to take him?
When will he reach the Uk?
Clare
Customer: replied 3 years ago.
Yes he owns property here and also has family
Expert:  Clare replied 3 years ago.
Hi
When does he arrive?
Clare
Customer: replied 3 years ago.
I think he arrives mid december
Expert:  Clare replied 3 years ago.
Hi
You need to decide how much risk you beleive there is that he will not return the child after contact.
If you beleive the risk is small then simply ensuring that you keep his passport in your care - and that he has a mobile phone in his bag with a tracker application on should be sufficient.
If the child is not returned you can then make an emergency application to the court for his return
If you think the risk is high then you will have to consider an application to the court for an emergency Residence Order and interim contact Order so that it is in place from the start.
This would however give your ex the starting point for any court application he wishes to make.
I would suggest that you also speak to the Charity Reunite (www.reunite.org) who have a great deal of experience in the area of taken children
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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