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Category: Family Law
Satisfied Customers: 321
Experience:  Expert
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Got a question about custody settlement without any court

Customer Question

Got a question about custody settlement without any court action if possible. Would like to know my legal rights before I start the dialogue with my ex.
We broke up 2016. We are eu citizens, i have been living in uk since 2017 and have a settled status, he lives in Estonia. Im a sole care taker of our son and past 1,5y has ne not supported us at all , now he wants to discuss custody. What are my rights ? 4y as a single parent - 1,5 y having full financial responsibility... how to negotiate custody and does that effect child support ? Im not after money just want to know my rights and parents responsibility
Submitted: 8 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 8 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and children's matters. I'd be happy to offer some guidance but, firstly, how old is your son? Secondly, how often does you make your son available to see him? Thanks, J
Customer: replied 8 days ago.
Hes 10, he sees him when i take him to Estonia on school holidays . Last summer 2/3weeks, xmas time 2 weeks
Customer: replied 8 days ago.
Also - i really want my son and his dad to communicate
Customer: replied 8 days ago.
They call often
Customer: replied 8 days ago.
there is a contact but always when my son reaches out
Expert:  JeremyT1020 replied 8 days ago.
It might be sensible to get some sort of written parenting agreement with your ex. This would detail how often you make him available for contact including by telephone and video calls. This would be a private agreement between the two of you and not a court endorsed agreement. I would still likely be enforceable in the event of a dispute provided your son had 'reasonable' contact with his dad. It is possible, if you wanted something more secure, to reach a private agreement with your ex but to send an application to the court asking for a judge to review your agreement and make it into an official court order.
Customer: replied 8 days ago.
Ok and how about financial rights. Do i have a right to ask for support given the fact that i have no support at all
Customer: replied 8 days ago.
hes income in 10x bigger
Customer: replied 7 days ago.
I dont want to restrict him
At all , he can contact my son whenever he wants . But the question is - hes demands to see his son whenever he feels like it and it always comes as a surprise or last minute and i have to change my plans because of him . If its 50/50 of course he has a right but if its 20/80 do i have to follow his demands ?
Expert:  JeremyT1020 replied 7 days ago.
Good evening and thank you for your patience. I've been busy with both court and personal matters today which is why I'm late responding. Yes, you do have a right to ask for child maintenance. It is possible to have a maintenance order enforced via REMO (Reciprocal Enforcement of Maintenance Orders). You would need to obtain a child maintenance order through an English court which could subsequently be actioned through REMO in Estonia. For the record, Estonia is a REMO signatory country.
Expert:  JeremyT1020 replied 7 days ago.
no, you don't have to follow his demands. You are the prime carer of your child. You tell him that you will make his son available to spend time with on days/dates that are MUTUALLY agreed.
Expert:  JeremyT1020 replied 7 days ago.
I hope that information helps. Please let me know if you need any further clarification. Many thanks, J
Customer: replied 6 days ago.
How does remo work ? Does the child maintenance claim amount is based on the cost of living in uk or in Estonia. In estonia official child support by law is 350 eur
Expert:  JeremyT1020 replied 6 days ago.
You could ask a court to make an order in this country. It's one of the rare occasions where a court does have jurisdiction to make a child maintenance order. It will broadly follow the English Child Maintenance Service guidelines. Once you have the order, you apply to the REMO unit in London. I'll send you a link below.
Expert:  JeremyT1020 replied 6 days ago.