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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34497
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife walked out 4 years ago we are still married not legally

Resolved Question:

my wife walked out 4 years ago we are still married not legally seperated even though she lives 10 miles away ,i pay her money every week standing order,i collect my children every friday night and keep them till sunday night and then return them to their mother .The oldest girl has been spending more time with me lately as she plays sport and does kick boxing beside me . Maggie is 13 turning 14 in november ,anna is 9 turning 10 in feburary and sarah is 8 . The mother has decided she is moving back to live in buncranna [rep of ireland] we currently live in county derry ,moving anna from school again and sarah, but anna is moving into p 6 and wants to do the transfer test and go to the same school as her big sister in derry . None off the children want to move and i definintaly dont agree with a move to buncranna as my wife and her family [ mother and sister dont get along] i have been paying a tutor to help maggie with her maths and anna as the mothers view to education is theyll be grand !!! where do i stand legally ???
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.
When does she plan that this move should happen?
Clare
Customer: replied 2 years ago.

before christmas this year she is not really comunicating information to me

Expert:  Clare replied 2 years ago.
Hi
Are you in a position to take on the full time care of the children if need be?
Clare
Customer: replied 2 years ago.

well i work, but if needed i would have to work round that ,so yes off course ,i have a mortage to pay etc but yes the girls all have their rooms here and extended family

Expert:  Clare replied 2 years ago.
Hi
Your ex is not legally allowed to remove the children across the border without your agreement or an Order from the Court - and if she does you can apply for an order that they are returned until the Court has considered whether or not the Order is in their best interests
You can if necessary apply to the court for a Prohibited Steps Order preventing the move - but should try and discuss matters with her using Family Mediation first
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

mediation does not work with my wife as she views her way as the only way therefore mediation will only work if everyone agrees with her.So if i get a prohibited steps order is this granted by a judge and served on her ?and if she ignores this what happens ?

Expert:  Clare replied 2 years ago.
Hi
I am sure it wont work - but the court will expect you to have tried
Unless she plans to move immediately you do not have to apply for an Urgent Order - but if you doubt the timing then you can apply for an emergency order which you will then have served on her - if she still ignores it then the Irish Court will order the return of the children - involving the Garda if necessary
Clare
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