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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I had a religious ceremony but not civil ceremony

Resolved Question:

My wife and I had a religious ceremony but not civil ceremony wedding.
as such I understand we are not legally married. She wants to end our relationship and take my son. She is not a British citizen but I am (born and raised in the U.K.). She does have the legal right to stay here though.
I have all but 1 member of my immediate family here in the city in which we live (Birmingham). All of which have children. 2 are with in 15 months of my sons age.
She 1 sister living 20 miles from Birmingham and another in Glasgow. Her mother is not a U.K. citizen. she comes to visit from Pakistan once or twice a year. Always on a visitors visa.
I fear she will attempt to take my son to Pakistan is given custody.
What chance do I have of winning custody of my son?
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.
How old is the child and who has had his day to day care until now?
Has she said that she wishes to return to Pakistan?
Clare
Customer: replied 2 years ago.

Hi Clare

My son is 8 weeks old. She has not said she is going back to Pakistan. The day to day care is mainly carried out by my sons mother but I do my fair share.

Regards

Expert:  Clare replied 2 years ago.
Hi
There is no longer any concept of Custody in UK Family Law.
You both have Parental Responsibility for the child and this cannot be removed.
Since the baby is very young there is very little chance of him being removed form the care of his mother - but he is entitled to have regular contact with you as well.
Your wife cannot remove the child from the Uk without your agreement or an Order from the Court.
The fact that she would be returning home could be a potential problem but the fact that she has sisters here in the UK will be helpful in convincing the court that there is no reason why she cannot remain in the UK.
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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