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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My cousin, after a very difficult divorce with a mentally

Resolved Question:

My cousin, after a very difficult divorce with a mentally abusive ex husband, obtained custody of her now 11 year old son however her ex did not pay maintenance on time and the stress and pressure of navigating his difficult behaviour has resulted in her having a breakdown 3 days ago and being sectioned in a hospital in central london. She is french her ex is irish english. He is threatening all sorts of things re custody of her child and has a very negative impact on her.
Her family want to repatriate her to france to look after her until she is well again.
1. Should she stay in the UK so as not to jeapourdise her custody of her child
2. How will this impact on her custody of her child. She has no previous history of mental illness.
3. We are trying to get her transferred to a more amenable centre and are keen to get a reassment from her section 2 section order.
can you please advise us? thank you.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

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

-Are they in England or Wales?

-What are the exact terms of the existing court order regarding the child?

Expert:  Clare replied 10 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

Where is the child at the moment and who has his care

Customer: replied 10 months ago.
The S2 order has been lift and the mother is home in London - her husband and son are in london. Her husband has joint (50:50) custody. The child is with the father. She does not want to have to have contact with the childs father as he is manipulative and a source of great stress. She is feeling better but wants to know her legal rights and how to protect her self and organise a mediator so that she does not have to deal with the father. As the father has not paid custody payments she is very short of money.
Expert:  Harris replied 10 months ago.

Thank you for the further information. As there is a shared care order in place, the father must make the child available to her for what is specified in the order and if he does not she can apply to court to enforce the order. If the father feels that there is a risk to the child when he is in her care, then he will need to apply to court to vary the order that is in place.

I hope this assists you. 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 your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2727
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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