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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a Norwegian Mother of 3 child rem 8,6 and 3 married with

Customer Question

I am a Norwegian Mother of 3 child rem 8,6 and 3 married with an English man. We have lived in the UK for the last 11 years. Our relationship is really bad and has been for a very long time. My husband does not have any family whilst I have a big supportive familiy back in Norway. When I fell pregnant with our first I was of the impression that we would move to Norway before the children started school. My husband went back on that and therefore we still live here. Now, things are so bad that I need to get out. Ideally I want to move back to Norway.. I have said that he is welcome to come and try to make it work there but he does not want to. He does not want me to take the children either as he want to have the 50/50. He is a good father, but I am the one that do everything with the children ie after school activities, weekend sports, Parties, school organisation, washing, homework etc. I believe we would have a better life in Norway as we for the first time would have supportive extended family around us.

If I took him to court, would i stand a chance of being able to take them to Norway to live?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
have you already separated?
Clare
Customer: replied 2 years ago.

NO, We are still living together as he refuse to leave "his" flat as he sees it as he had it before I knew him. He is not willing to help me in anyway to get my own house beg=fore I agree on his suggested financially settlement.


 

Expert:  Clare replied 2 years ago.
Hi
Does he own the flat?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
Would you wish to remain living there without him if possible?
Clare
Customer: replied 2 years ago.

That is what I will have to do if I can't take the children to Norway.


 


That is why I am asking about my chances?


Can you please ask all the questions you need at once. I expected to get a prompt answer to my question.

Expert:  Clare replied 2 years ago.
Hi
You cannot take the children back to Norway without the agreement of their father or an Order from the Court.
It is hard to assess how likely it is that the court will agree to the move as the case law is currently changing - and not in your favour I am afraid
The fact that he has a close relationship with the children helps his claim - but the fact that you are going home to a large support system which helps yours.
You will need to produce a full dossier showing where you are likely to live and how it will be funded - where the children will go to school and how you will manage contact - skype, visits etc - and how you will fund them
You can read more here
http://www.leavetoremove.co.uk/site/how-to-prepare-your-case
The starting point is to try and discuss matters with him using Family mediation (www.familymediationhelpline.co.uk)
It is of course possible that when he realises that i f you stay then YOU will be the one to remain in your current home he will be more amenable to the plan
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So, if I divided to stay in the UK would the court split all him assets 50/50 and grant me to stay in our home. The only thing he is willing to do, is to share the children and give me less than half as he believes I have no rights to "have" anything.


 


As you can imagine this is a living hell situation and I need to get out asap. But as he is not giving me any money to bay somewhere or willing to move out till I agree to his offer he won't budge.


 


What should I do to resolve this asap?

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare

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