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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
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 signed a marriage certificate with my wife 11

Customer Question

Hello, I signed a marriage certificate with my wife 11 years ago. We have lived together most of this time and we now have 2 children. The first is 11 years old and the second is 8 years old. We all moved into the UK 9 years ago and we all possess British citizenship (e.g. my wife, myself and the 2 kids). My wife has mental health issue and has been in and out of the hospital for a number of times during our stay in the UK. We separated last year (e.g. in 2014) thus do not share the same accommodation any longer. Although I do not have any legal document which can be used as evidence of the separation. (the separation occurred after she became mentally ill and reported a false allegation of domestic violence against me to the police. I have no support from the police nor from the social system and decided I was not going to live with her any longer. After a while, she was discharged from the hospital and was then referred to the council as homeless.) After the separation, I took our children abroad to our country of origins and they were put under the care of my mum. My plan was to keep the children abroad for a while as I was on a contract job until I am over with the contract and ready to bring them back when I can count on own availability to take over their care. My contract ended in April 2015 and my plan was to bring the children back to the UK from the academic year starting September 2015 and look over them myself. I traveled to my country of origins and found that my mother-in-law had removed the 8 years' old son from my mum's house. She confiscated the child and completely refused to release the child to me. The 8 year's old son has some medical issues including asthma-like symptoms and eye problems. she got a Doctor to issue a certificate that my son can only live in the city where she currently lives.

I now need to use a legal procedure to retrieve my child from her. My questions are the following:

- Has she got any right to fight against me over my own son?

- How do I go about establishing a court order issuing me with FULL right and responsibilities to place my children where I want and bring them up my own way? My wife is also not happy with what her mum has done and is ready to authorize such a court order. Is it possible to establish such a court order with my current status of 'separated' with my wife?

-My understanding is that If I manage to get such a court-order, I can then get it ENFORCED in Cameroon where my mother in-law is and use the police to collect my son and take him back to my mum or my brother, while I get prepared to go and find him. Please advise me as to how to go about this issue and the step by step course of actions that I need to undertake. I look forward to hear from you. Kind Regards Job

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiI am afraid that if the children are resident in Cameroon then it is the courts there who will have to deal with who the children should live with an dthere.There is no applictaion that you can make here in the UkPlease ask if you need further detailsClare
Customer: replied 1 year ago.

Thank you for your prompt response.

As I said, children were only taken there temporary and they are British and I need to bring them back here.

Both their parent live here in the UK. So there is no law that countries could use to protect their citizen abroad?

The fact that I am separated from my wife here in the UK and the children are both 8 years old +. Does this automatically grant me the care responsibility over them? If so, how do I materialize it here?

If I were to bring the children back here in the UK, who would be given care responsibility over them?

According to you what supporting element should I put into the application to ensure I win the court case in Cameroon? taking into account the fact that my wife is also based here and is favorable for me to take the children?

Regards

Expert:  Clare replied 1 year ago.
Hi
I am afraid that the international rule is that the Court in the country where the children are currently resident have to deal with the dispute.
You need to get legal advice in Cameroon as to the best way to present your case
Clare
Customer: replied 1 year ago.

1- If it was the other way round, meaning if the children were based here in the UK and their parent abroad, what evidence would you require from the Dad in order for him to win the case?

2- You failed to answer my other question regarding the setup that would apply here if I succeed in bringing them back to the UK?

3- If my wife was to sign a letter here in the UK and get it notarized. would such a document be accepted as supporting evidence by the court in Cameroon?

4- who can issue me with a document here in the UK to proof that I am separated from my wife? to whom should I speak for this?

Please answer each question to help strategise my course of actions.

A generic answer is of less help.

Regards

Expert:  Clare replied 1 year ago.
Hi
1. In the Uk the issue would be what is best for the children - this would be the only relevant factor
The fact that you had left them with your mother would be a problem - so you would need to show how and why that was necessary
2. If the Court in Cameroon gives you the care of the children then the Uk will accept that
3. I am sorry but there are no specialists in Cameroon family law available to answer this
4. There is no one who can do this - it is simply a matter of you giving evidence that you each live in separate places - you could take evidence of addresses
I cannot give you a strategy I am afraid as you need to deal with a lawyer in Cameroon to ensure that you have the best chance of gaining the care of the children
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I have another problem relating to Divorce for which I would like your advice even if it means making another payment. Below is the problem.

Kindly analyse and let me know....

Hello, I signed a marriage certificate with my wife 11 years ago. This certificate was signed in Cameroon in 2003. We have lived together most of this time. We moved to the UK in 2006. We now have 2 children. The first is 11 years old and the second is 8 years old. We all moved into the UK 9 years ago and we all possess British citizenship (e.g. my wife, myself and the 2 kids). My wife has mental health issue and has been in and out of the hospital for a number of times during our stay in the UK. We separated last year (e.g. in 2014) thus do not share the same accommodation any longer. Although I do not have any legal document which can be used as evidence of the separation. (The separation occurred after she became mentally ill and reported a false allegation of domestic violence against me to the police. I had no support from the police nor from the social system and decided I was not going to live with her any longer. After a while, she was discharged from the hospital and was then referred to the council as homeless). She was then assigned a social accommodation and has therefore been living at a separated address. We are considered separated since 12 April 2013 when she got admitted to the hospital.

I would like to find out if on the basis of this long term separation, I can initiate a divorce process. If I decide to divorce,

- Can the court delivers an attestation confirming that we have been separated for a while so to enable me to use the same toward the divorce process?

- Without such attestation would the time spent separated still count toward the divorce process?

- How much am I likely to spend?

- How long could this process take to complete?

- Am I entitled to have another partner while waiting for the above process to complete?

- If a divorce is pronounce, am I liable to her? In other word would I be bound to pay any fees to her? If so why?

- What is your advice to me in this scenario?

- And how do I go about it?

I look forward to hear from you

Expert:  Thomas Judge replied 1 year ago.
This has to be listed as a new question

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