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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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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My partner and I have a child of 2 years old.We are living

Resolved Question:

My partner and I have a child of 2 years old.We are living in London, having been to gether in a relationship for 8 years. I am English & she is Maltese and since having our son she is desperate to go back to live in Malta. I have taken years to build up a good business here which provides a good income and we have the support of friends and family and he attends nursery part time. However she misses her family and life there inspite of visiting frequently. Our relationship has broken down now and we both want custody of our son, could you advise on the best and most amicable way forward if that is possible?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Please confirm that your name is XXXXX XXXXX Birth Certificate
Clare
Customer: replied 3 years ago.

Yes my name is XXXXX XXXXX birth certificate and he was born here and has been living here. I was originally going to try and find work in Malta and give it a try, but I feel very uncertain about this, not only because of losing my business here and then being financially crippled but because I now don't feel certain of the relationship. My partner is in the process of setting up a business there. If I did give it a try would it be disadvantageous to my chances of custody?
Expert:  Clare replied 3 years ago.
Hi
Who has the day to day care of the child at the moment
Clare
Customer: replied 3 years ago.

She works 3 full days a week out of the house, so 2 of those he goes to nursery and one day he spends with his grandparents nearby. The rest of the child care is shared equally as my job allows me flexibility. I am doing more child care now she is building up her business and not available as much in the evenings and weekends as she has to work and travel.
Customer: replied 3 years ago.
You replied
21 February 2014 07:10 EST

She works 3 full days a week out of the house, so 2 of those he goes to nursery and one day he spends with his grandparents nearby. The rest of the child care is shared equally as my job allows me flexibility. I am doing more child care now she is building up her business and not available as much in the evenings and weekends as she has to work and travel.
Edit
Expert:  Clare replied 3 years ago.
Hi
I cannot say that the outcome of this is easy to predict.
Your partner cannot move the child to Malta without your agreement or a Court Order.
Once you are all settled in Malta you will not be able to bring the child back to the UK with her agreement or a Court Order
If she wishes to return to Malta then she will have to make an application to the Court for "leave to remove" and you will have to fight it
You have an excellent chance of success - but there is no guarantee
You can read more here
http://www.leavetoremove.co.uk/site/the-current-law-the-basics
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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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