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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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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I had to leave the UK for job while my family is in the UK.

Customer Question

I had to leave the UK for job while my family is in the UK. My married life in not ideal and wife is not willing to relocate. I am missing my child who is only 4 years. My Wife blackmails me for letting me contact with my child through her. She bulleys my sister n brothers( who are in UK) and does not allow my child to mingle freely with my nieces and nephews. Is their any way my brother can have guardianship( and/or parental responsibility) of my child. This way I will have a free contact with my child and peace of mind that he is well cared of. If yes please advise how he can get that.
Secondly, is there any legal way to enforce my wife to pay towards family maintenance . At present I am bearing all the expenses and have to maintain the family in the UK as long as paying for my expenses outside the UK. she is only 32 and can work when the kid is in nursery
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Are there any court orders in placefor your daughter orthe finances, if so what are the terms?

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

There is no basis on which your brother will be able to obtain any form of Guardianship for the child UNLESS for some reason it can be proved that the child is at risk of significant harm in her care.

Even if that was proved you would actually be expected to return to the Uk to take on the child

Having said that the law says that a child is entitled to contact with both sides of her family and the courts will enforce this if necessary

You can apply to the court for a Child Arrangement Order setting out times for Skype and Direct Contact with you - and for once a month contact with your family while you are away.

With regard to finances the way forward is simple.

If you do not send her money then she will have to aeke her own arrangements.

For now pay the mortgage plus 12% of your gross income as Child maintenance - the rest is up to her

Please ask if you need further details