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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I divorced my husband 6 years ago. During this time he has

Customer Question

I divorced my husband 6 years ago. During this time he has had little contact and in the last 14 months none at all. He pays maintenance through the CSA. We have joint custody.
My mother is my daughters carer whilst I work away as cabin crew. My mother wishes to move to Cyprus next year leaving me with no help. My ex husband has never wanted to take care of my daughter making me pay for live in help on occasions when my mother has been unwell. I wish to follow my mother overseas so I can continue to work in my present job. How do I go about this pls. Many thanks for answering my question. Regards XXXXX XXXXX Biel
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.


This is not an instant
service so sometimes you will get a response in minutes and sometimes it will
be hours, or even overnight. We all have clients and court and other users and
travelling and weekends and evenings and misc interruptions etc. in addition,
we are lawyers, not typists and some of us can't type that fast!

We will get back when we are online which is on and off all of every day usually

How old is your daughter? Will he agree?

Can we have full background please?

Thanks

Customer: replied 3 years ago.


Hello.

 

My daughter turned 10 this January. She never talks about him, or asks to see him.

 

My Ex has never put my daughter first. He would take pleasure in making my life more difficult. That is more important to him than understanding the difficult situation I now find myself in. He would also say its not possible for him to have my daughter whilst I work away which could be anything from 3 days to 9. But then my daughter refuses to stay over at his house as he lives in his sisters back bedroom with no extra room for my daughter. Again, not an option.

Background? my divorce came after fifteen years of having a husband who relied on me to provide financially whilst he did nothing. He is agrieved I still live a comfortable life, one which I have taken away from him. He would be happy to make me lose my job even at the expense of his daughters wellbeing. Hope this covers yr questions, I'm sure youl realise there is a whole lot more than is possible to put in type. I was also registered with the police domestic violence department directly after my divorce following harrassment,intimidation and threats.

Expert:  Clare replied 3 years ago.
Hi
What contact does your child have with her father?
Claire
Customer: replied 3 years ago.


As per my previous post. They have had limited contact during the last 6 years. They did have a run of seeing each other every Sunday this was about 2 years ago and it lasted about 10 months. He has not seen my daughter since Dec 2011 (14 months) . I have never stopped him seeing his daughter, indeed I have encouraged contact to inc every other wk end. This, my daughter did not want and it seems nor did he otherwise he would be pestering for contact.

As I said before if I thought I could ask him and be amicable then I would not be taking legal advice. He would say No as he still would take pleasure in controlling my life. My daughters wellfare is paramount. I am afraid of the fact I may have to give up a very good job in order to look after her full time, this would greatly affect her standard of living as everything would need to be downgraded, house etc assuming I get another job! I suppose I am asking am I eligible to get sole custody, or are there any other ways? Thank you

Expert:  Clare replied 3 years ago.
Hi
Does your mother have family links to Cyprus?
Can you continue your work from there?
Claire
Customer: replied 3 years ago.


Hi Claire,

Have you read my initial post which went to Law Denning.? It does explain that I work as cabin crew and will be able to commute from Cyprus. I work one month on and one month off.

 

My mother wishes to relocate to Cyprus in order to look after her sister. I hope we can manage under the circumstances so I can keep my daughter in school until she finishes Primary School next July. This wd be less upheaval for my daughter and a good time for her to enter secondary school next Sept.

 

As a short term plan my mother will fly back and forth when I need her to look after my daughter. Not an ideal situation, hence my need to relocate also.

 

Thanku

Inez

Expert:  Clare replied 3 years ago.
Hi
You need either your husbands permission or an Order from the Court to remove your child to Cyprus permanently.
If your ex will not agree then you need to persuade the court that this move is in the best interests of the child.
The court will want to be certain that this is the ONLY way of your keeping your current job - so you will need confirmation from your employer that it will not effect your employment - you simply saying that will not suffice.
You will also need to show evidence of where you will live and where the child will go to school - and how the language issue will be addressed (of course she may already be bi-lingual)
You will also need to show that there is no other option here in the UK.
Even though your ex has not taken up the regular contact that he could have had you will still need to give assurances as to how you will promote contact in the future.
This is called a Leave to Remove application and is send to the County Court on a form C1 paying the fee of £200
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanku very much Claire.


 


That puts a much clearer light on things.


 


Just one last question. Would I be able to apply for sole custody under the circumstances? if successful would that solve my problem. I was recommended to apply for this 6 yrs ago but did not want to put my daughter through the stress of CAFCAS.

Expert:  Clare replied 3 years ago.
Hi
There is no concept of sole custody any more it is a matter of Residence (where the child lives) and contact.
You already have the Residence of your daughter since your ex does not seem to be interested so you have no need for a Residence Order
Even with a Residence order in place you woudl still have needed permission from the court to take the child abroad permanently
Claire
Customer: replied 3 years ago.


I understand.


 


Many thanks and goodby


 


Inez

Expert:  Clare replied 3 years ago.
Hi
You are most welcome and good luck
A well put together portfolio showing the life style she will have will support your claim well
Claire

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