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Ask Clare Your Own Question

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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My ex committed suicide and I now have custody of our Son.

Customer Question

My ex committed suicide and I now have custody of our Son. His mothers family are taking me to court to get visitation with him, I don't want them to have access as they are a bad family, I am considering take a job with my work in France. If I took this would they still be able to take me to court or would I be able to avoid this by writing to the court?

Thank you

Finley
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old is the child and what contact have they asked for?
Clare
Customer: replied 3 years ago.


He is 4 years old, not sure to be honest as I haven't been to court yet but seems like they just want some visitation with him at there home.


 


Finley

Expert:  Clare replied 3 years ago.
Hi
What is your actual objection to contact taking place?
Clare
Customer: replied 3 years ago.
It's long winded, they are a bad family. What I want to know is if I take the job in France can I avoid them?
Expert:  Clare replied 3 years ago.
Hi
Has the actual court application already been issued?
Clare
Customer: replied 3 years ago.
Yes I'm due in court on 11th
Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that moving abroad will not mean that this case will go away.
The Court can (and quite likely will) make an order in your absence - and this could be enforced even in France.
If you do beleive that moving to France would indeed be best for you and your child then you should consider making an offer of contact which reflects this move - such as once every two months at a neutral venue or something similar - but the hearing needs to be dealt with and not ignored I am afraid
I appreciate that this was not what you wished to hear - do please ask if you need further details
Clare
Customer: replied 3 years ago.


Clair there must be a way to stop this family having access, your typing as though access will be given. I can go to court and fight them but if a wrong decision is made then his life will be influenced by these mental patients.


 


Surely if no one knew where we were then even if they granted access it would be very difficult to enforce?


 


Finley

Expert:  Clare replied 3 years ago.
Hi
You have given me no reason why contact would be a disaster for the child - and in the absence of such a reason then the court will have in mind that this is the only way that the child will maintain a link with his maternal family.
If however there is a good reason for denying any contact then that might change matters
You are correct if you "disappear" contact would be hard to enforce - but that could bring with it its own anxieties
Clare

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