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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
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, I have an 11year old son with my ex partner, separated

Customer Question

Hi,

I have an 11year old son with my ex partner, separated soon after his birth. I helped them to maintain a good solid relationship and we have both happily remarried and gone on to have further children. My son has always lived with me. He is now moving this October to Australia on a permanent basis with his Australian wife and their three children who all have Australian passports as were born there. I am concerned as to why my Ex has been talking to my son about having a medical. My ex wants him to be able to travel to Oz more often than I would like and I have said he can go for a minimum of 3 weeks in the summer hols. What rights does he have in terms of contact (even though this has always previously been amicable and why is he asking my son to have a medical?
Thanks for any help you can give.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 has your ex had with the child to date and what has he asked for?
Clare
Customer: replied 2 years ago.

He has good contact with him. When we lived close by in London he stayed over every other weekend and went to see him in the evening after school once a week. We have now moved to Leicestershire so he sees him one weekend a month and we share holidays.

Expert:  Clare replied 2 years ago.
Hi
What contact has he asked for?
Clare
Customer: replied 2 years ago.

Thank you for your reply, apologies in the delay.

He hasn't asked for any when he moves to Australia, other than winter, summer, perhaps Easter holidays. Jimmy (our son) has travelled to Australia before with his family for 3 weeks at a time a couple of time over the past 3 years. I still don't understand why he would need a medical if he is not migrating and doesn't need a visa?

Expert:  Clare replied 2 years ago.
Hi
In fact a Medical is required for all children who MIGHT be Dependent children who could move to Australia in the future (say if anything happened to you and your husband) - this is just a apart of the process.
It is for you and your ex to agree what the contact arrangements should be - but of course they have to fit around school
It would be sensible to try and discuss this with him using Family mediation so that you are clear what the arrangements are before they leave.
I hope that this is of assistance - please ask if you need further assistance
Clare

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