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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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I have been separated from my husband for over 1 year, we have

Resolved Question:

I have been separated from my husband for over 1 year, we have a 5 year old son. He is not a very empathetic man, he has anger issues, controlling and can be emotionally abusive. we have no legal child custody agreement or legal financial arrangement just arranged between us.

Where do I stand if I want to move to another country in europe?? can I just take our son? my son can be scared of his dad as he never knows what mood he is in or if he will get angry, he doesn't have good parental instincts and forgets he is only 5 years old.
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.
What contact does your son have with his father?
Clare
Customer: replied 3 years ago.
Hi thanks for your reply....
Usually Tuesday 3-8.30pm, Thursday 3-5ish, and Saturday not all day but 3/4 hours depends, been more recently due to school holidays.
When he is here though he is always tired, sometimes goes to bed, so only gets an hour or so with him. Tuesday nights I am at work when he has him, he has been known to fall asleep and leave him to watch TV on his own, but Ethan is always awake when I get in from work. If I ask him to bath him, he will put him on bath then leave him in the bath to go and watch TV in my bed room.
This Easter weekend, he saw him Thursday for 2 hours, Saturday 2 hours then didn't bother even though he was off work, I asked him to come see him but he didn't.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that you will need the agreement of your ex or an order from the court if you wish to move abroad with the child.
If you make an application to the court you will need to detail how you will maintain ongoing contact.
However I would suggest you alter the current contact arrangements so that he is no longer seeing the child in your home.
Instead offer contact for two hours or so at the weekend at a local contact centre.
If he choses not to attend you will have independent evidence which will make it easier when you apply for leave to remove the child from the UK
Please ask if you need further details
Clare
Customer: replied 3 years ago.
So do you think he has too much time with him in the week?? If i cut down his time he will threaten to stop my payments which at the moment are more than the CSA would give me and I rely on the money as I don't have much work at the moment.
Expert:  Clare replied 3 years ago.
Hi
If you are happy with the amount of time then I suggest that you simply change it so that he takes the child out rather than stays in the house
Clare
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