Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are exeriencing with your ex.
Please may I ask:
- were you named on your son's birth certificate?
- why is she saying you can no longer see your son?
- how far away is she moving?
- were you legally married?
- are there any other assets either of you have?
Thank you for your response.
How much do you both have in savings?
Do you agree with her choice of moving with your son?
Thank you for your responses.
- are you wanting to spend some time with your son when she moves? have you talked about a routine of when you will see him?
- do you think that there is a disparity between your respective savings?
- Is there also a disparity between your respective incomes?
Please accept my apologies for my delay in responding to you.
It is the courts posotion in respect of children - that it is a childs right to have a relationship with both of their parents as long as it is safe to do so.
It is important that agreement is reached so that your son has the stability of knowing when he will spend time with you.
If the mother will simply not agree then you need to make an application to court for a child arrangements order so that the court can stipulate in an order the arrangements it deems in yours sons best interests.
The times you have suggested are not unreasonable and in fact a court would likley allow you more time with your son, if this could be acheived around your work schedule.
The first thing you need to do is to refer to family mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
If mediation doesnt work in reaching an agreement or your ex wont engage then the mediator will sign the form that you need to apply to court.
The Form is C100 and you apply to your local family court. The only court fee is £215.
The court can also make a decision in respect of the issue of the mother wanting to move away - if this is going to be a significant distance and will affect your sons ability to spend time with you.
In respect of the finances - you have to be aware that should divorce be issued then either of you can make a claim in respect of the matrimonial finances. This is the assets and liabilities of both of you. The starting point for division is equality but if your ex earns less and will be the main carer for your son then she is likley to argue for more and also possibly spousal maintenance. Mediation can also help you reach agreement in respect of the finances and if an agreement is reached then I would suggest that this is drawn up into a consent order and submitted to the court for approval once decree absolute is applied for. This will prevent any future claim being made.
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Your wife has a duty to mitigate her own position and the court would expect her to look for work. Spousal maintenance is no longer seen as a meal ticket for life.
Let me know if I can help you further.