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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Will I the mother will get full custody of my child if my

Resolved Question:

Will I the mother will get full custody of my child if my husband divorce me and I am relocating abroad?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How old are the children?

Customer: replied 1 year ago.
I live in England. My husband and I have lived together for 10 years. We got married in April 2014 and our daughter was born in August 2014. She will be 2 years old on 13th of August.
My husband is now telling me he does not love me anymore and wants to move on. I would like to relocate to Mauritius if I get divorced as my family is there for support.
He travels a lot for work and spend most of his time away from home. He spends very little time with our daughter so far.
Thank you
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you were married your husband will also have parental responsibility for your daughter and you will be unable to move out of England / the UK with your daughter without his consent. If no agreement can be reached between you you will need to apply to court for a specific issue order for the court to decide what is in your daughter's best interests.

Initially I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

Specifically for relocation outside of the UK with the child, there are further issues that the court will consider, including how the child's upbringing will be in the new country compared to here, whether she will be accommodated appropriately and her needs met financially as well as whether it is in their interest for there to be a loss of contact with her father and any family in the UK.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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