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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor. Partner in own firm.
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Per a court order from the Court of Session in Edinburgh of

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Per a court order from the Court of Session in Edinburgh of 4 March 2015 my ex wife (Italian nationality) won 'residency' of my 2 children now aged 11 and 12. My ex-wife is now working in Switzerland after living in Chester with the children. She now wants to send them to boarding school, St Davids in Conwy, Wales.
Can I therefore insist that we therefore have joint residency of the children?
If so, will I still need to pay alimony payments as we are likely to have them for equal periods during holidays?

Are the children resident in Switzerland at the moment?

Customer: replied 1 year ago.
No. They are resident in Chester and go to school there since January 2015.
Their mother took them there from Aberdeen then when she got a job in the area. They were and are 'resident' with their mother in Chester but looked after by an aupair since their mother has been working in Basel Switzerland for the last few months, leaving their home in Chester Sunday afternoons and returning Thursday evenings/nights. Boarding school will thus suit her circumstances.
If I allow them to now go to boarding school in Wales, and allow her to change the current contact agreement that we have, I would like to know if this would be an opportunity to now get joint residency and what this could mean e.g. would this affect the alimony payments that I would be required to pay per UK law? Thanks, Michael

Although the original order came from the Court of Session, because the children are now habitually resident in England, this would in all likelihood have to be dealt with by an English court. However, the answer to your question is that an application for joint residency would be competent depending on the split of the care of the children. Whether it is granted would depend on the circumstances justifying joint care of the children and in particular how often each parent will have care. Child support is paid to the parent with care so a joint arrangement would be better from your point of view as you would not be paying child support when the children are away, although I presume the issue of who is paying the fees might be relevant.

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