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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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 Live in Portugal my children 6 and 11 Live in London with

Resolved Question:

Hi I Live in Portugal my children 6 and 11 Live in London with my wife we are separated 2 years, They are in my home that I own ( in my name bought well before the marriage ) I pay all bills bar the telephone. everything was fine i use to go over once per month, I have taken them to disneyland and skiing in Switzerland and they came to Portugal for easter ( they have lived in Portugal most of their lives, they went back to Uk last september. There is no history of violence. now that i have a girl friend she has gone mad, saying I can't stay in my own home, The kids are not allowed to leave the country without her as she has to carry their passports. Can she do this. PS. Me and my 2 daughters have a great relationship.
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.
have you ever threatened not to return them?
Clare
Customer: replied 2 years ago.

Hi Clare.

 

No never.

 

They are settled in London now and I am absolutely fine with that.

Expert:  Clare replied 2 years ago.
Hi
For clarity - is your ex saying that you cannot stay with her and the children when you are in the UK?
Are you contemplating divorce proceedings?
Clare
Customer: replied 2 years ago.
Hi. We are going to start divorce hopefuly by september. yes she is saying i now have to
Stay in a hotel. I normally stay about 3-4 days in the attic room
I then get to take girls to school and spend time with them
And normaly my wife goes out with friends that gives her a bit of a
Break.
Expert:  Clare replied 2 years ago.
Hi
Given that you are intending to divorce would you be willing to make alternative arrangements for these visits?
Clare
Customer: replied 2 years ago.
No. As 3 to 4 days in a hotel in london and having to take them out for dinner every night gets expensive. Not really the way i want to be doing this. I want to have breakfast with them. Sit and play games. Having to do this 7 to 8 times per year. Is expensive enough without having to also pay for hotels.
Expert:  Clare replied 2 years ago.
Hi
With regard to the issue of you taking the children away without your wife you need either her agreement or an Order from the Court in order to take them out of the country on holiday
You should try and discuss matters with her using Family mediation (www.familymediationhelpline.co.uk)
If that fails then you can apply to the court for a Child Arrangement Order allowing you to take them abroad and I would expect you to be successful.
However I am afraid that the court would not order contact to take place in the house, and realistically within the divorce proceedings your ex will be granted an order allowing her to remain there certainly until the children are 18
Please ask if you need further details
Clare
Customer: replied 2 years ago.

so i can not stay in my own home.

Expert:  Clare replied 2 years ago.
Hi
In the long term - not unless your ex agrees
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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