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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi. My wife has left me and my son. I now have him 5-6nights

Resolved Question:

Hi. My wife has left me and my son. I now have him 5-6nights and every weekend and her involvement is becoming less as weeks go on. My name is ***** ***** birth certificate and we are still legally married. My support network of my family live 2 hours down the road of which I believe me moving to that location I can provide an amazing amount of love and care. With great school's localy and lots of employment opportunities within my trade. Do I have yhe right to do this legally.
J....
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 discussed this with your wife at all?
Clare
Customer: replied 3 years ago.

Hi claire

no not yet I am just discovering my options at ghe moment to ensure I make the right decision for me and more importantly my son.myself and my ex are amicable ay the moment. But she doesn't be doing anything to provide for myson including her time. I am keeping logs of yhings that happen. But legally I dont know where I stand if I make a decision like moving with my son...

Cheers

Jake

Expert:  Clare replied 3 years ago.
Hi
What contact has she actually had with the child in the last three months?
Clare
Customer: replied 3 years ago.

Hi

The routine the we have had decided by her is for me to have our son 5-6 nights a week and every weekend. Her parents will have him on Tuesday day and night and wed day and sometimes the night. My ex has him a Monday daytime Thursday daytime and Friday daytime. Even when she has a night of work like a Thursday night she still wont have him. She hasnt put him to bed for a month now. Obviously im not only asking myself what is right to do for my son and myself. But im also asking myself whats legally and morally right for me to do.

Cheers

Jake

Expert:  Clare replied 3 years ago.
Hi
You are being very sensible in your approac
If you move have you thought about how you will facilitate contact with his mother and her parents?
Clare
Customer: replied 3 years ago.

Hi

Yes of course I would allow them access as much as they would like. Ie weekends and holidays. I would even drive my son back to my ex and pick him up as she does not drive.

My pure motivation for this is to provide a stable life for my son if my ex does not want to. My mum is retired and in her late 50s and is a trained health visitor. The schools are fantastic in that area. Basically if im to do thus on my own there are more pros than cons to move.

Expert:  Clare replied 3 years ago.
Hi
You have clearly given this careful thought and are prioritising the needs of your son
You need to discuss your plans with your ex using Family Mediation (www.familymediationhelpline.co.uk) to agree the details of the time he will spend with her.
She can apply to the court for a Prohibited Steps Order to prevent the move until the court has decided whether or not the move will be in the best interests of the child.
However from what you say I would expect the Court to back your plans after the matter has been fully discussed
I hope that this is of assistance - please ask if you need further details
Clare
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