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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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For the past 3 1/2 years I have had full custody of my son

Resolved Question:

For the past 3 1/2 years I have had full custody of my son through the courts my son is just coming up to 7 years old his mother and I are still married,on 26th December she called me and said she wants a divorce.I am in a relationship now and my concern is can she apply to the court for full custody of my son or will it be just a divorce settlement,she left me and my son for another man and has quite a few boyfriends since,I am really concerned about this should I grant her a divorce?
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.
What contact does the child have with his mother - and has she said anything that makes you think she wants the child to live with her
Clare
Customer: replied 2 years ago.
She has had very limited contact there was a court order set in place but she has never stuck to the order ,I am sorry to say that she can be very difficult especially now that I am in a very good relationship,the woman I am with now has stood by me all through the courts and we were very good friends many years before I actually went out with my wife.and my new girlfriend happens to be my wife's half sister.So I do believe that this could be the reason I have the fear that she will try to get my son back .
Expert:  Clare replied 2 years ago.
HI
There is no link between divorce proceedings and the arrangements that are made for children - the court merely wishes to know what those arrangements are.
If there is a dispute then separate Children Act proceedings need to be issued.
From what you have said the eis no reason for you to be concerned - the court looks at the best interests of the child and since his mother has not had regular contact there is no question of there being even a shared care order
Please ask if you need further details
Clare
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