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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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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My wife of 6 years has decided to split from me.

Resolved Question:

Hello,
My wife of 6 years has decided to split from me. We have 2 kids aged 5 and 3. We lived in Sweden until 8 months ago, and then we sold our house and went travelling around Asia. Now she went to Spain and I am in UK with our children The kids have Swedish and UK citizenship. We currently don't have a house and are staying g with friends and my parents. We had planned to go and explore south America, but this news has changed that. We also have a busones together. Ideally I would like to solve our problems, but I am worried she will take the children to Sweden and get custody. It would be better for the kids to live with me in the UK, as they have their best friends here and grand parents for support.
I would like someone to ask me some questions to get the full picture and give me some advice as to what I should do right now.
Thanks
Paul
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you, but I need some further information first.How long have you and the children been in the UK?Clare
Customer: replied 1 year ago.

We spent about a week here back in February, then we went travelling, and have just spent another week here now. We are no longer registered in Sweden.

Expert:  Clare replied 1 year ago.
Hi
How long had you planned to stay here?
Clare
Customer: replied 1 year ago.

Me and the kids had planned to stay here until 12th October, then go to Brussels to meet my wife, then fly to south America to explore there for a few months, and visit some suppliers factories (we sell hammocks) That was the extent of our plans.

Expert:  Clare replied 1 year ago.
What has your wife said about the future?
Customer: replied 1 year ago.

She wants to come to UK, collect the kids and move to spain. She went to Spain with some friends who are moving thee from Sweden.

Expert:  Clare replied 1 year ago.
I assume there are no personal links to Spain other than these friends?
Customer: replied 1 year ago.

Yes, nothing at all.

Expert:  Clare replied 1 year ago.
As I suspect you have guessed yours is a very complicated case when it comes to deciding which Country has the right to deal with any disputes regarding the care of the children.It could be argued that it shoudl be the Swedish Courts - but it has been eight months since the children lived there.That being the case I believe that you can use the Uk family Court to deal with the issues.On that basis neither of you has the right to remove the children from the Uk without the agreement of the other party - and if you believe that there is a chance that your wife will attempt to just take them you can apply to the court for a Prohibited Steps Order to prevent this.In the longer term clearly either you both have to agree to where the children should live in the future - or a Judge will have to decide based on the proposals you each put forward You shoudl invite your wife to discuss things with you using family mediation www.familymediationhelpline.co.ukand I would suggest that you use a mediator trained to work with young people so that the wishes of the children can be brought into the discussionsI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.

Ok, i will do both those things, the court order and the mediation.

Should I rush to rent a house and get the kids in a school in the UK ?

Should I keep a record of conversations and messages ?

Is there anything else I can do to prepare for the worst, while hoping my wife will change her mind?

Thanks

Paul

Expert:  Clare replied 1 year ago.
I wouldn't necessarily rush - but you do need to start making definite plans regarding housing and education - even if only for the next few months whilst decision are being madeDo keep a record of messages - but never try and provoke a reaction.Stay calm and child focussed at all time
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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.

Thanks for your advice.

Expert:  Clare replied 1 year ago.

You are welcome - I hope all goes well

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