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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 found out last year that my wife cheated on me, since

Resolved Question:

Hi.
I found out last year that my wife cheated on me, since when we have been separated. However she refuses to move out (private rented). We have a 5 year old son for whom I am pretty much the sole carer. She will spend a part of a Sunday with him but does not care for him at all during the week.I am at emotional breaking point and obviously cannot force her to move out so I need to take action myself.Thus, it seems I must be the one to move out. But I need to take my son with me for the above care reasons.Can I legally move to a new property and take him with me? This would be done with complete transparency.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHave you considered a divorce?
Customer: replied 1 year ago.
Hi Clare.
Divorce is 100% intended, and I am simply saving funds to afford the court fees.
Expert:  Clare replied 1 year ago.
have you identified another property?
Customer: replied 1 year ago.
There are plenty of suitable properties available. All within price range and reach of my Son's school.
Expert:  Clare replied 1 year ago.
You both have parental responsibility for the child and are equally entitled to have the child in your careYou and your ex will need to discuss how your child will share his time between you using Family mediationwww.familymediationcouncil.org .ukIf no agreement can be reached then you will need to apply to the court for a Child Arrangement Order.You may find this site helpfulhttp://theparentconnection.org.uk/Please ask if you need further details
Customer: replied 1 year ago.
Thank you for the links, but the question has not ultimately been answered.I do not wish to refuse access. This is not a case of me wanting sole custody.Can I legally move to another home and take him with me?
What would happen if I moved to a new property tomorrow and took him with me?
Expert:  Clare replied 1 year ago.
As I saidYou both have parental responsibility for the child and are equally entitled to have the child in your careYou can indeed simply move to another property and take him with you - however this could lead to a tug of war at the school gate as to who takes him home from school.Alternatively your ex might apply to the court for an urgent order that he is returned to his "home" whilst decisions are made
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