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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I lived in France months with my then-husband and two

Resolved Question:

I lived in France for 6 months with my then-husband and two daughters (one of whom is biologically the husband's child). Due to his continuous violence (for which he was once prosecuted by CPS in May 2011), we had to return home to the UK. He wouldn't allow me to stay with the children.
I know I need his consent to return to France with my children. I have been told legal fees would amount to several thousand pounds if I were to pursue this in court, and that my chances of winning are 50/50. Could you advise whether this is correct?
The father in question has regular visitation with my daughter. This was something I didn't feel I could argue on as he was so violent.
Since returning to the UK, I have had to live a life juggling a self-employed, home-based career with raising my children, one of whom is home-schooled. I therefore have a lot on my plate and I'm desperate to offer my girls a better quality of life.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to answer your question fully: In relation to the funding to pursue this matter:-What was decided in relation to the prosecution by the CPS? Was he found guilty?-Is there any other police involvement? Has he ever received a caution or have social services been involved?-What is your gross and net salary? -Do you have any properties, assets, savings or investments? If so what is the value of each? In relation to the merits of pursuing the application to return to France:-What will your situation be like there? Can you support yourself and the children?-Do they have any family or support network in England or in France?
Customer: replied 1 year ago.
- He was found guilty of ABH. He was given 80 hours' community service and a £200 fine (to be payable to me, the victim).- I have only ever called the police on one other occasion, for verbal abuse and threats, in December 2013. I did not report any other occasions of violence, which were continuous between April 2012 and August 2012. I then left him in December 2012. Social services have not issued any concerns/warnings.- My self-employed income equates to approximately £30,000.- I have no assets or properties. I have savings amounting to £8,000.- In France I would continue with my self-employed business, which has been on-going for 8 years, and can be completed anywhere in the world.- We have very little support network in the UK. We have two friends in France, where we would like to live.
Expert:  Harris replied 1 year ago.
Thank you for your response. In the circumstances you may be eligible for legal aid to pursue your matter but you will need to meet with a solicitor who can carry out a full assessment of your finances. The conviction will be used to allow you to apply for legal aid to pursue the matter. You can find local solicitors who deal with legal aid cases here: http://solicitors.lawsociety.org.uk/ (in area of practice menu you should select family - legal aid) In relation to the merits of the application, it is not 50/50 as you have suggested. You will be applying for a specific issue order to move to France with the children. It will depend on what is in your children's best interests and the court will consider the following criteria when deciding on an order:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsSpecifically in relation to a relocation move, the court will consider what the children's quality of life is like in the UK, any impact on contact with the other parent and wider family, and what their quality of life would be like in France. You would need to provide the court with as much information about their circumstances, both her and in France, as you can.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
I would only want to pursue this in court if it was more likely I'd win as it would really rock the boat with myself and my ex. So do you think I'm more likely than 50/50 to win or less so?
Expert:  Harris replied 1 year ago.
It will be difficult to confirm your prospects of success without very detailed confirmation regarding various aspects of the proposal to relocate, and even if your your chances are assessed as better than 50-50 it would be for the judge to decide whether the proposals are in your children's best interests.
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