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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34470
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 seperated from my husband he is living abroad and

Customer Question

hello i am seperated from my husband he is living abroad and i had left due to his mental and physical abuse over 10 years of marriage, i want my children back in the uk, how can i claim for my children without going for the divorce he is living in dubai, he also has a property here in the uk which was purchased before our marriage do i have any rights for claim over this property it is currently tenanted, can i apply for court order to have the right to live in this property
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 old are the children and how long is it since you left your husband?
Clare
Customer: replied 2 years ago.

Hi 3 year old girl and 10 year old boy it's been 4 weeks

Expert:  Clare replied 2 years ago.
Hi
How long had you all been living in Dubai?
Clare
Customer: replied 2 years ago.

9 years

Expert:  Clare replied 2 years ago.
Hi
I assume that he will not agree to your having the children here in the UK?
Clare
Customer: replied 2 years ago.

That's what he is saying for now

Customer: replied 2 years ago.

I need to stress that he threw me out of my home i didn't choose to leave and I have witnesses

Expert:  Clare replied 2 years ago.
Hi
Then I am sorry but I do not have good news for you.
The issue of where the children will live either had=s to be agreed between you and your ex OR dealt with by the courts in Dubai UNLESS they decline to do so as you are not Dubai nationals
If they do decline then you can issue an application under the Children Act here in the Uk and the Court will decide whether or not a move back to the Uk is in the best interests of the children
With regard to the house you do indeed have a claim upon it and could be given the right to live there - but only within the financial side of divorce proceedings.
Please ask if you need further details
Clare