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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 the UK for 7 years. I am Hungarian. I have a

Resolved Question:

Hi. I live in the UK for 7 years. I am Hungarian. I have a son who is 14 and also Hungarian from my previous marriage and have a boy who is 2 and and have English passport. Me and my partner been separated. I am trying to take my sons home to live in my country but my ex said he will not give permission for me to take little one with me. My ex is English. We never been married. What my rights are?Please give me an advice.
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 ex have with the child?.
Clare
Customer: replied 3 years ago.

Hi Clare. We still live in his flat. He looks after him twice a day when I work.

Expert:  Clare replied 3 years ago.
Hi
Why do you intend to return to Hungary and what contact will you offer your ex?
Clare
Customer: replied 3 years ago.

I want to go home with the boys to live with my family. He said he will not sign a permission form or what so ever so we can go to the court. It was his decision to break up. I have no other family here. He was my family. I will not live on housing benefits (even if Iam eligible). I know this little boy should have a dad and a mum but for me is nothing left here just stress. I want the best for both of them same as he. He works 5 nights a week. His parents are retired and both sisters have a family. I can take care of him I always had time for him and family will help. I have a house at home and a job already offered.

Expert:  Clare replied 3 years ago.
Hi
You do need either your ex's agreement to the move OR an Order from the Court.
You should try and discuss matters with your ex using Family mediation to discuss contact arrangements if the move goes ahead.
If that fails then you will need to apply to the court for Permission to take your son back to Hungary.
You will have to consider how you will manage ongoing contact between the child and his father
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
Please ask if you need further details
Clare
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