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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My wife has seperated from me and left the country. It has

Customer Question

My wife has seperated from me and left the country. It has been over 4 months and she has just come back and got more of her things (2 weeks) and now has left the UK and gone back to pakistan. She recently got her british citenzenship. She didnt live with me and my daughter when she did come back for 2 weeks. She said she wants to live in pakistan permantely. I advised her to stay, so that we can confirm custordy rights for my daughter who is 5, but she didnt listen and left. I live with my parents and my daughter at my current address. Can I now proceed with getting full custordy for my daughter if my wife is not around? How do I proceed and what steps should I be taking?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you may apply for what is known as a child arrangements order which replaces custody and residency orders.

You need to apply for the order using form C100 and the cost is 215 pounds.

See here:

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


But will the court need my wife to be present. As she has moved to pakistan and I have no contact details for her?? Also will it help if i get a letter from my daughters school to say that her mum has not been present for over 4 months??

Expert:  UKSolicitorJA replied 3 years ago.
No, she does not need to be present and yes, the letter from the school will help.

All the best, XXXXX XXXXX to leave feedback
Customer: replied 3 years ago.

Sorry last part to this topic. Its related. If ivr only done an islamic marriage with her in pakistan. And we werr not registered married here in the uk. Do i just need an islamic divorce? Or will i need to setup a legal divorce?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid divorce is a separate area and you need to open a new question about this as I am unable to advise on the validity of the marriage under Pakistani law.
Expert:  Clare replied 3 years ago.
HiIn fact there is no action that you need to take at all since it appears that your wide is not challenging the fact that your daughter will live with you.Indeed if you do apply the court WILL wish to be certain that your wife is aware of the application and is not likely to grant the order unless you can prove that she has seen the paperworkIn addition the first question the court asks is why is an order necessary so you will have potentially spent £215 for nothingThe letter from the school will be of no relevance at allClare
Customer: replied 3 years ago.

Should i only proceed further with this if she makes an appearance??


 


Would then the court look favourably from my side as she has been absent for so long?


 


That is the only reason I wish to do this as if she does come back when ever, i dont want her to cause a scene or attempt to just pick up my daughter from school lets say and take her away.

Expert:  Clare replied 3 years ago.
Hi
Unless she has actually threatened to remove the child from your care I would leave matters be for now
The longer the child lives with you the more likely it is that the court would order that the child remains in your care
Clare
Expert:  UKSolicitorJA replied 3 years ago.
My colleague has not addressed the fact that the child's mother may come and take her away from school, she does not need to have made a threat about doing this, she may actually turn up and take the child away and the school would not be able to stop her as she is the child's mother, unless you have the court order in place.