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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 have 8 years old son who is living with my ex since we

Resolved Question:

Hi, I have 8 years old son who is living with my ex since we separted and divorced (since 2010).
I am working abroad because I could not find a job in england and I am supporting my son financially very well. I see him twice a year ( I pay for two tickets a year). I also pay money extra of the monthly maintainence sometimes when required.
The situation was ok for me even it is heart breaking bieng away from my son.
My ex has had deep depression for many years and recently she had to stay at hospital for quit long time. Therefore, my son had to saty with his grandmother (mum of my ex). since 2011, I have asked my ex to let me take care of my son because of her situation. She refused and insisited she can take care of him. Though in 2013 she was about to give him to me because she was offered study position at university. But then the university canceled it because of her depression.
Currently I am worried very much because I can see that my son has changed the situation is clearly affecting him. This because his mum had to stay in hospital for quit long time for treatment. Currently she is at home but she is not allowed to drive and still have some appointments.
I believe that I have the right to have my son with me.
I tried many times with my ex and expained that it is better for my son to stay with me till she is cmpletely fine from her depression, but she is refusing it claiming that she cannot live without him. I do believe that in this point she is selfish, she shout make my son her first priority
What do you think? I am working in Saudi Arabia, will this affect a court decision?
Regards
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall dd my best to help you but I need some further information first

Where would the child live if you took over his care?

Customer: replied 9 months ago.
Saudi Arabia, I working there as Associate Professor at university. I tried for over a year (2009 to 2010) to settle a job in united kingdom, but I coud not.
Currently, I have my family (my wife and two daughters, my son already got along with them).
Regards
Expert:  Clare replied 9 months ago.

How will you arrange ongoing contact with his mother?

Customer: replied 9 months ago.
Maybe I did not understand your question exactly.
However, we are in touch often by phone on weekly base because I talk to my son weekly. Now I am in england for holiday, so I see her every time I go and take my son out or take him back to his mum.
generally speaking, there is no reason not communicate as we need to discuss my son life and daily lfe aspects.
I hope I answered your question.
Expert:  Clare replied 9 months ago.

My apologies.

What I meant was - if your son moves to live with you what arrangements will you make for good ongoing contact between him and his mother

Customer: replied 9 months ago.
She can talk to him on phone every day as usual. Also, I offered her to let him twice a year to visit her: one for summer holiday and the other like in the mid year holiday and I will hold the full financial responsibility. Also, I am not going to ask her for any child maintanence. I can make this agreement writen.
My real concern is that my son is getting affected by his mum situation. For example: nowadays he prefre staying at home rather than going out. He is not that much excited to go out. This is not normal for an 8 yeras old boy.
Also, he has been nervouse and cannot stand any comment or bear any type of discussion. I am afather and I can see he has changed negatively.
Regards
Expert:  Clare replied 9 months ago.

If you wish to change the current arrangements then you will need to apply to the Court for a Child Arrangement Order AND Leave to remove the Child from England and Wales.

The Leave to remove applictaion will not be straightforward and you can find out more about them here

http://www.leavetoremove.info/leave-to-remove-faqs

Given the long term health problems that his mother has - and the clear impact on your son, there is an excellent chance of success - although I would offer Skype rather than phone calls

Please ask if you need further details

Customer: replied 9 months ago.
Just to clarify one thing, that my son already had Saudi residency permit which was isued three years ago according to his mother approval. According he goes to visit me in Saudi arabia twice a year.
Regards
Customer: replied 9 months ago.
If I want let a solicitor like you or any of your team r any other slinicitor does this for me and take care of the case. How long it will take to acieve this and how much will it cost me (for the solicitor and other expenses, if any).
Regards
Expert:  Clare replied 9 months ago.

The fact that he visits you does not change the need for Leave to remove.

You can certainly instruct a firm to deal with the applictaion - one near where your son currently lives would be wise

It is likely to take between six and nine months - and cost will depend on where the hearing takes place and which solicitor you choose.

Customer: replied 9 months ago.
Thanks for your attention and answers.
Regards
Expert:  Clare replied 9 months ago.

You are most welcome - I hope all goes well

Customer: replied 9 months ago.
What if within 8 mnths the medical conditions has changed into better according to the medical resports, will my chages still good in getting my son. In other words, my ex depresion ups and down, and she has been on this situation since 2010.
Regards
Customer: replied 9 months ago.
Regarding the cost, would you plase ive me a roughly range.
Regards
Expert:  Clare replied 9 months ago.

The long history will work in your favour

Hard to say on costs

Between £2000 and £5000 as a very rough guide

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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