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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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If a wife leaves her husband, can she take her 10 year old

Customer Question

If a wife leaves her husband, can she take her 10 year old son with her.
Submitted: 1 year ago.
Category: Family Law
Expert:  frantzgregory replied 1 year ago.

Only by consent from you or an order by the court

Customer: replied 1 year ago.
I think this went into the wrong catagory. this should be a family matter not Immigration
Expert:  frantzgregory replied 1 year ago.

Ok I will reassign.

Expert:  F E Smith replied 1 year ago.

Who has been the main carer of the child until now? Is the husband likely to object? How far away would the mother be moving.?

Customer: replied 1 year ago.
The wife has been the main carer in the marital home. The husband has objected and refused to let the child go, but he cannot phisically look after the child. The move will be only be a few miles so as to continue school
Expert:  Clare replied 1 year ago.

Thank you for your question

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

Both parents have Parental Responsibility for a the child and both have the right to have that child in their care.

This means that yes the wife can indeed take the 10 year old with her when she moves.

If the father objects then he will need to apply to the court for a Child Arrangement Order stating that the child lives with him - or setting

out the way that care will be shared between the parents.

It would be better however if before the move they could discuss the matter using Family mediation

www.familymediationcouncil.org,uk

Customer: replied 1 year ago.
Thank you very much Clare. this will certainly help.
Bye
Expert:  Clare replied 1 year ago.

You are most welcome