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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34266
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 a national of Pakistan but reside and work in the Middle

Resolved Question:

I am a national of Pakistan but reside and work in the Middle East. My wife and I got separated post birth of our child. The court in the Middle East granted me visitation rights for the child. My wife stole the child and moved to Pakistan. I filed a case in Pakistan but by then she had shifted to the UK. My child was moved to the UK after I had filed the custody case in Pakistan.
1. What are my options regarding filing a custody case in the UK?
2. We are still not divorced. Can I file a divorce in Pakistan because that is where my marriage was registered or do I need to file a case in the UK since she resides there now.
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 has she been in the UK?
Clare
Customer: replied 2 years ago.
Since Feb 2014
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
The fact that the child has been resident here for nearly a year means that issues involving the child shoudl now be dealt with in the courts here.
You should make an immediate application to the court for a Prohibited Steps Order to ensure that she cannot remove the child from the Uk without your agreement or an Order from the court.
At the same time you should apply to the court for a Child Arrangement Order setting out the time that the child should spend with you.
This is done using a form C100 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
You do not need to attend Mediation due to the risk that she would remove the child from the UK
You can issue the divorce here in the Uk or in Pakistan as you wish - it is a separate issue
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Actually its my wife who moved to the UK in Feb 2014. My son moved in Dec 2014.

Secondly my question relating to divorce proceedings is important in the context of laws under which divorce may be granted by the court. If i have to file for divorce in the UK, will laws relating to distribution of assets apply although both of us are Pakistani citizens and i have no connection to the UK? I am particularly keen to know this because division of financial assets is not done for divorces finalised in Pakistan.

Expert:  Clare replied 2 years ago.
Hi
If your son has only been here since December you can argue that since he was moved here without your consent it is still the Court in Pakistan which should decide the issues of Residence and Contact.
However the system in the Uk is likely to be more effective in ensuring that she does not move the child again - and that any Contact Order can be enforced.
If the divorce proceedings are issued here then yes the law of England and wales will determine the financial outcome despite the fact that you have no connection to the UK.
Clare
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