How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Dear Sir or Madam Divorce affects the appointment of a

Customer Question

Dear Sir or Madam


Divorce affects the appointment of a guardian

Can you please tell me what the following means
Unless a contrary intention is shown in the instrument of appointment under section 5 (3) or 5 (4) of the Children's act 1989 by one spouse of his or her former spouse as guardian is, by virtue of section 6 of that Act, deemed to have been revoked at the date of the dissolution of the rearrange.

I would just like to find out if this means that I have full custody?
I would also like to find out as a separate query if I can relocate with the children and what the procedure is for this if I wanted to do this?
I have also been struggling to get maintenance out of my ex for the children and I know that he is not putting all his cash through his bank account and instead is travelling with the money and always claiming he does not have enough work? Please can you advise me on this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
No I am afraid that this has nothing to do with where the children live at all
It means that if you have already made a Will appointing your ex as Guardian of any of your children in the event of your death then this appointment will be revoked.
This would only relate to children who are not also biologically his
So far as where you live is concerned if you wish to move abroad then you will need either the agreement of your ex or an Order from the Court
With regard to maintenance your only option is to make an application to the Child Maintenance Service
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
How would I go about getting an order from court? He is already on pre- arranged supervisory visits only because of his drinking and emotional abuse.
If the kids stay with me full time does that mean I have full custody?
Expert:  Clare replied 2 years ago.
Hi
Where do you wish to move to?
Clare
Customer: replied 2 years ago.
I'm considering moving back to my family in South Africa. My dad has offered to open a clinic for me to practise my massage and reflexology in. We can also stay by my parents until we are all set up. My family will help out with children so they will be surrounded by family and extended family.
Expert:  Clare replied 2 years ago.
Hi
Then you will need to ask your ex for permission - and if he refuses then you will need to apply to the court for permission to remove the children from England and Wales
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)