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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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Hello,Im in a bit of a fix.My partner of 9 years has

Customer Question

Hello,
Im in a bit of a fix.
My partner of 9 years has decided that she does not want us to be together anymore. We have 2 children (7 and 4 years). She wants me to keep our family house (rented) and for me to find accommodation outside of this for 3-4 days a week, and look after the children 3 days a week, during week time when she will go elsewhere.
I will really struggle to cover the cost of this, as she does not work. It will mean that I will also have to cover the cost of childcare on the days that I am at work.
The only alternative option I am presented with, is that she moves, with the children, back to her native Germany. This is obviously distressing as I have a close bond with my children.
I'd be grateful to hear your thoughts on what other options I might have.
Many thanks
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
Why can you not have the children at the weekends?
Clare
Customer: replied 2 years ago.
Hi Clare, I can have the children at the weekends, but will still have to cover a working day of childcare. I suppose my main concern is the issue of the children being taken to Germany. Thanks, Dan
Expert:  Clare replied 2 years ago.
Hi
If she is not working why is child care needed?
Clare
Customer: replied 2 years ago.
My partner has the desire to spend 3-4 days a week child free, to 'find herself' ...
Thanks
Expert:  Clare replied 2 years ago.
Hi
Could you make arrangements to take over the full time care of the children if need be?
Clare
Customer: replied 2 years ago.

Hi, I suppose I could, but I'd rather they spent time with their mother too.

What is the law with regards ***** ***** partner taking them to Germany permanently?

Thanks

Expert:  Clare replied 2 years ago.
Hi
Neither of you can take the children out if the country without the agreement of the other party or an Order from the Court.
If there is any risk that your ex will do so then you must apply to the court for a Prohibited Steps Order as Germany has a very bad reputation when it comes to returning children removed without permission
Your ex is being unreasonable and no court would support it.
It will mean that you have no quality time with the children as they will be at school and you at work.
If she wishes to have a 50/50 shared care arrangement then there needs to be a pattern that gives you alternate weekends - and you will need to establish your own home elsewhere for you and the children.
Your ex can then remain in the property and will have to either find work or claim benefits to help fund it.
You shoudl discuss the options with her using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare

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