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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Dear Sir or Madam Divorce affects the appointment of a

Customer Question

Dear Sir or Madam

Divorce affects the appointment of a guardian

Can you please tell me what the following means
Unless a contrary intention is shown in the instrument of appointment under section 5 (3) or 5 (4) of the Children's act 1989 by one spouse of his or her former spouse as guardian is, by virtue of section 6 of that Act, deemed to have been revoked at the date of the dissolution of the rearrange.

I would just like to find out if this means that I have full custody?
I would also like to find out as a separate query if I can relocate with the children and what the procedure is for this if I wanted to do this?
I have also been struggling to get maintenance out of my ex for the children and I know that he is not putting all his cash through his bank account and instead is travelling with the money and always claiming he does not have enough work? Please can you advise me on this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
No I am afraid that this has nothing to do with where the children live at all
It means that if you have already made a Will appointing your ex as Guardian of any of your children in the event of your death then this appointment will be revoked.
This would only relate to children who are not also biologically his
So far as where you live is concerned if you wish to move abroad then you will need either the agreement of your ex or an Order from the Court
With regard to maintenance your only option is to make an application to the Child Maintenance Service
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
How would I go about getting an order from court? He is already on pre- arranged supervisory visits only because of his drinking and emotional abuse.
If the kids stay with me full time does that mean I have full custody?
Expert:  Clare replied 3 years ago.
Where do you wish to move to?
Customer: replied 3 years ago.
I'm considering moving back to my family in South Africa. My dad has offered to open a clinic for me to practise my massage and reflexology in. We can also stay by my parents until we are all set up. My family will help out with children so they will be surrounded by family and extended family.
Expert:  Clare replied 3 years ago.
Then you will need to ask your ex for permission - and if he refuses then you will need to apply to the court for permission to remove the children from England and Wales
You can read more here