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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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Sorry,I have more questions.I want to ask you about my son.I

Customer Question

Sorry,I have more questions.I want to ask you about my son.I want my son custody because my ex no looking after him and I can proof that in court,I don't want comun custody.Will be hard or expensive?Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
How old is the child and how is his care shared between you at the moment.
Why do you think your ex cannot care for him properly?
Clare
Customer: replied 2 years ago.

My ex don't give him nothing in this 5 years ,he have a new family .He want take him before in weekend just because he want comun custody ,but hi don't buy nothing for him.And he say to me he never pay child maintenance in London.I'm looking for my son every time and now when my son is big he want comun custody,but when he tell me 5 years ago live the house with my son he don't think where I go and haw I pay alone everything.My son will be 11 years in September.

Expert:  Clare replied 2 years ago.
Hi
Is your son happy with you?
Clare
Customer: replied 2 years ago.

Yes ,my son is happy with me

Expert:  Clare replied 2 years ago.
Hi
Then you have nothing to worry about.
Has your ex actually asked that the child lives with you?
Clare
Customer: replied 2 years ago.

Hi don't want take him from me,just he think take him one or two day a week ,when is in uk for no need to pay child maintenance.But he don't help me with nothing,he don't want to sign if I want go with my son in Romania.I don't need nothing for him,just give me custody because I know he will never looking after him.

Expert:  Clare replied 2 years ago.
Hi
Have you applied to the CMS for Child Maintenance?
Clare
Customer: replied 2 years ago.

Hello,I applied long time ago and hi was have good wage but hi tell for that agency like he got about £100 a week.Because one person tell him to doing like that.He have to pay £5 a week ,he never pay that many.When I called that agency again he ask me about him work places and I can't find the places and haw much hi get.

Expert:  Clare replied 2 years ago.
Hi
Do you know where he is working now?
Clare
Customer: replied 2 years ago.

I don't know because I don't talk with him about 5 month because he talk very bad with me last time.He tell me to go court because he want merried with him girl friend and he don't have many.I can call him,maybe he tell me

Expert:  Clare replied 2 years ago.
Hi
I suggest that you go back the CSA and ask for a re-assessment
Your ex is wrong - unless he has the child as many nights a year as you do then he will have to pay child maintenance
In addition from what you have said it is unlikely that your son will wish to spend nights with his father - and the courts will not force him to do so.
Unfortunately you cannot remove Parental Responsibility form your ex.
If he is difficult about you going back to Romania you can apply to the court for an order allowing you to do so
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello,please tell me which is the first step for start divorce ,what I have to do and where I have to go.Thank you

Expert:  Clare replied 2 years ago.
Hi
How long have you lived apart?
Clare
Customer: replied 2 years ago.

Is just 4 years ,no 5.Thank you

Expert:  Clare replied 2 years ago.
Hi
When did you actually separate (which month in 2010)
Clare
Customer: replied 2 years ago.

I separed in 19 may ,4 years ago

Expert:  Clare replied 2 years ago.
Hi
Just to check - 2011 or 2010?
Clare
Customer: replied 2 years ago.

Is 2011

Expert:  Clare replied 2 years ago.
Hi
Would it be too hard to wait another year?
Clare
Customer: replied 2 years ago.

If I have to wait I will ,I want apply for British passport.I don't have any problem there because I'm still married in paper?

Expert:  Clare replied 2 years ago.
Hi
You can issue a Petition based on his Unreasonable Behaviour whenever you wish
The process is described here
https://www.gov.uk/divorce/file-for-divorce
Clare