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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1095
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a big issue that I cannot work through with my

Customer Question

I have a big issue that I cannot work through with my unmarried partner. I owned up to an affair recently and we have 2 kids (7&3). My partner is living in my house currently and I visit twice a week (evenings) and stayover and then take them on alternate weekends.
My partner wants to take the kids to Denmark (she is Danish) and live there.
I don't want that and have offered her to stay in the house rent and bill free for as long as she requires. I do pay an informal amount for the upkeep of the kids.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

I am sorry to hear about the current difficulties.

Please may I ask - are you named on the birth certificates for your children? do your children have passports - where are they? when is she planning to move?

kind regards

Caroline

Customer: replied 1 year ago.
named on both birth certs. One child was born in Sweden (but Danish passport) whilst the other was born in the uk and English passport. She wasn't planning to move but the words tonight were. The more we argue about this the nearer the time that I go'.......
Customer: replied 1 year ago.
Any chance of a call instead of typing?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for confiirming that for me.

You hold parental responsibility for your children. Your ex cannot move the children abroad without your permission or the permission of a court.

If your ex did take the children abroad withouth your permission - then she could be charged with chid abduction - which if found guilty couud be imprisoned for up to 7 years.

If you think that your ex is likley to move imminenty - without seeking your permission - then you need to apply to your local family court urgently for a Prohibited Steps Order to prevent her from doing this.

To do this you complete form C100 and take this to your local family court and ask to see a family court judge. There is a court fee of £215.

In the alternative - of she isnt planning to move straight away - you should refer to family mediation first and then to court.

The court will consider whether it is in the childrens best interest as to whether or not to approve the move. If this impacts on their time with you and also disrupts their lives - then the courts may not approve her request. The recent case law does not approve of a disruption to them seeing an absent parent.

let me know if I can help you further

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Expert:  ukfamilysolicitor replied 1 year ago.

sorry - just seen your extra message. I can call but there is an extra charge for that.

Otherwise I can clarify anything if respect of my previous answer above by way of messaging.

kind regards

Caroline

Customer: replied 1 year ago.
thanks Caroline. Appreciate the advice so far. Cant afford the phone call :-(....Anyway the move is not imminent but we are obviously both distraught about the situation. The financial aspect is also a concern. The house is in my name (mortgage + deeds). Would she have an equitable interest in it? Of course I would agree to pay CM etc.
Expert:  ukfamilysolicitor replied 1 year ago.

thats ok - happy to message

in respect of the house - has she:

1) paid mortgage at any point?

2) paid a deposit?

3) added value through renovation?

kind regards

Caroline

Customer: replied 1 year ago.
Tx Caroline. 1) no 2) no 3) no ...... However to be fair to her we have been together for 17 years and owned properties together in the UK and in Sweden prior to this purchase when we moved back to the Uk.
Expert:  ukfamilysolicitor replied 1 year ago.

If the answer to all 3 is no - then she does not have any interest in the property at all despite what might have happened previously.

You may feel some moral obligation from the past - this is your call. You are not legally obligied too.

That being said - it is possible for her to make a claim under Schedule 1 of the children act for provision of housing for the children. If she made such an application and it was successful - then this would last until your children reached the age of majority and then it would revert in whole back to you.

If she's wanting to move them she may be abe to get social housing because she is not named on your property - or a private rent with housing benefit - dependant on her financial circumstances.

let me know if I can help you further

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Caroline. Just to clarify the above points. I certainly do have moral obligation and well aware that I wanted to give her some of the equity in the property - after all its only hurting my children if I don't etc. Anyway I'm thinking even if she was successful under Schedule 1 that would be the best case as I would still be able to see my kids grow up in this country....I'm happy if the kids could stay here TBH and happier if they stay in my house until they are old enough.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

You sound like you are being very reasonable.

I do think that family mediation will help to talk through about the finances and the children and see if any agreement can be reached without the need for court. 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.

let me know if I can help you further

kind regards

Caroline

Customer: replied 1 year ago.
I fundamentally don't agree with the kids leaving so we unfortunately cant get past that . irrespective of what I've done to get us to this point. I'm hoping we can try the family mediation service you have recommended. Thanks very much for all advice so far. much appreciated.
Expert:  ukfamilysolicitor replied 1 year ago.

glad I could help. If you need any further help - just follow up in this thread and I can answer for free.

kind regards

Caroline