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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner is currently going through mediation with his wife

Customer Question

My partner is currently going through mediation with his wife (not yet ex) and she is claiming she would like to move back to her home in Pakistan. The children were both born here - ages 13 and 5 - and he doesn't want them to move away. (He sadly lost his daughter at the age of 4 and couldn't cope with losing the boys). Does he have any rights in making them stay? What are his best options, because at the moment she is not relenting and it turns out she didn't submit the application for the younger boy to go to primary school, so I am worried she is making plans to not return after their usual summer holiday in Pakistan. I would appreciate some advice as I think my partner is still in denial that she would really take them away??
kind regards
MR
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
What is the current pattern of contact and does the 13 year old wish to go to Pakistan?
Clare
Customer: replied 1 year ago.
Hi Clare
The contact is very regular as he is still in the marital home all be it they have lived separately for 4 years now. They share the responsibilities but he usually does the school runs, parents evenings, sports clubs etc. of late the older boy has started siding with his mother and has said he will go to Pakistan - but I feel this is because his father has had to be the tough parent making him study for recent exams. They normally go to Pakistan for six weeks in summer and the thirteen year old is easily wooed with gifts as they are extremely wealthy so he feels the lifestyle will be better. I appreciate that his mother moved here for education and marriage and that she has no family here. Now that the marriage has broken down I understand she would want to go back to family but what rights, if any, does he have to keep the Boys in the uk? Regards
Expert:  Clare replied 1 year ago.
Hi
The children cannot be removed from the UK without the agreement of your partner or and Order from the Court.
If your partner believes there is a very real risk that the children will not return then he needs to make an urgent application to the court for a Prohibited Steps Order to prevent her taking the children abroad.
he can get more information and support from the charity Reunite
www.reunite.org.
I hope that this is of assistance - please ask if you need further details
Clare

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