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Peter Collins
Peter Collins,
Category: Family Law
Satisfied Customers: 1733
Experience:  Barrister at Self Employed
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I have a friend whose wife recently declared she was leaving

Customer Question

I have a friend whose wife recently declared she was leaving him and taking their young autistic son to live in the USA with a man she'd met online via a game app and who she'd been conversing with for some months. The man alleged he worked on an oil rig, recently widowed and had a young daughter. The four of them would have a wonderful life in the States as he was very well off. However, he managed to get friend's wife to send him £250 as he couldn't access funds etc ...Recently, it has transpired that this gent is a scammer.Friend's wife is distraught that new life/love is not happening and is currently logged in to several dating sites and setting up meetings with gents (one, a farmer five hours drive from where they live) around the UK - in front of husband.Husband works, wife does not. Husband has suspected for many years that wife has Asperger's Syndrome and he (husband) is not taking advice from friends to ask for legal advice on his situation.For example, will the court take into account that son needs to stay in school that he's used to and very happy in - and remain with the only stable secure parent - the father? Is there any chance that wife could be given custody? What would happen to the marital home which is mortgaged but entirely in husband's name (he is the only breadwinner)?Could you advise?
Submitted: 6 months ago.
Category: Family Law
Expert:  Peter Collins replied 6 months ago.

Hello, my name is ***** ***** I am a UK barrister, I can provide some advice on this matter. The mother would not normally be able to take the child out of the UK without either the agreement of the father or an order of the court in absence of agreement. In assessing what is in the best interests of the child the court would look at parenting capability, ability to provide financially, stability of circumstances, the wishes and/or needs of the child, amongst other things. From your question, it appears that the father has a good relationship with his son and that his son is settled in his environment, which is obviously important given his additional needs.

Expert:  Peter Collins replied 6 months ago.

Hello, was there anything further I can assist with please? I'd also really appreciate you taking a minute to accept my reply and rate 5 stars so I can be credited for answering your question. All follow up questions on this thread can then be free of charge. Kind regards, Peter