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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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 am in the armed forces based in the UK, have split up with

Customer Question

I am in the armed forces based in the UK, have split up with my husband and sinse had a baby, he had a paternity test done to prove he was the father as I said he wasn't, and has now taken me to court for paternity rights he has been granted two hours a fortnight supervised visits to my son who is one now, but I am Manx, I was born in the isle of man, I am based in the UK at present but have been told by my Lawyer that I can only take my son out of the uk for a maximum of 4 weeks without my ex husbands consent as the Isle of Man does not fall under uk juristiction, so this would suggest that I can not return home to the Isle of Man for longer than this and if I am posted aboard with the Armed Forces I have to ask his permission, should I have had a Manx Lawyer not a UK Lawyer like I have at present , we are to go back to court at the end of October for the case to be reviewed, but in the mean time I have a course with work and would like my son to stay with my mum in the Isle of Man until after my course has finished so this would mean that my son would be out of the uk for longer than four weeks and would need to miss at least two of my ex's visits, what are the changes of a court variation being granted? or is their something else that I can do?

My current lawyer is costing a fortune and my ex is representing himself and he seems to be getting all the results that he wants and nothing seems to be going in my favor at all

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.
How Long is the course for and does your ex work?
Clare
Customer: replied 2 years ago.

My Course is for two weeks at the beginning of Sept then a further 3 weeks at the end of Sept/ early Oct,

I am on holiday in the isle of man at the moment so my intention was to leave my son with my mum and collect him at the mid / end October.

My ex husband is also in the armed forces and at the moment has only had two 2 hour supervised visits with my son.

I have no other family in the UK, so my mum in the Isle of Man is my only option and she clearly is the best option that I have.

Expert:  Clare replied 2 years ago.
HiHave you discussed the issue with your ex?Could the contact be maintained?Clare
Customer: replied 2 years ago.

No my ex and I do not communicate in any other way apart from through a solicitor or in court, we do not agree on anything what so ever and he will fight all the way with anything I try to do.

Expert:  Clare replied 2 years ago.
Hi
Is there any way that the contact could be maintained by your mother?
Clare
Customer: replied 2 years ago.

The only problem with that is that it would mean a flight from the Isle of Man to Gatwick once a fortnight for a two hour visit, this isn't really practical and would cost in excess of £200.00 per visit plus a hire car

Customer: replied 2 years ago.
Relist: I still need help.
Customer: replied 2 years ago.
Relist: I still need help.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - I had ongoing connection problems and then your question fell off my kist so I was not aware that you still required an answer
Since the child is resident in England and Wales the matter is indeed being properly dealt with in the English Court.
Since the Isle of Man is a different legal Jurisdiction you do technically need the father's permission or an order from the court in order to take the child to the Isle of Man for any length of time
If your mother was able to maintain the court ordered contact then frankly I would not have suggested that you need to obtain a Court Order as given the circumstances there is no doubt that the court would see your proposal as in the best interests of the child
Since it is NOT possible to sustain the contact you either need the father's agreement to the trip - or an Order from the Court
Again I would expect the Court to agree - subject to the contact continuing IF the father wishes to travel to the Isle of man to see the child
I appreciate that you feel that your ex is getting everything he wants - but from what you have said I am afraid that this is because he is asking for what the court is going to order anyway making it very easy for him.
Please ask if you need further details
Clare

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