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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8332
Experience:  Barrister at law
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I am a UK citizen and my partner is Swedish. We live in

Customer Question

Hi - I am a UK citizen and my partner is Swedish. We live in Denmark and are planning to move to the UK where she will work full time on a visa. She has a son who is a UK citizen, and the son's father is also a UK citizen (both currently in Denmark but assumption is they would move to the UK too). My question is whether being Swedish in the UK on a visa could in any way harm my partner's custodial rights over her son, given that her ex is a UK citizen? Do UK family courts take citizenship into account, for example if the father applied to get more access, or to take over as primary carer? Currently my partner has her son 9 days in every 14. Thanks.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: no paperwork yet. We live in Denmark, I am UK citizen, my partner is Sweden citizen
JA: Have you talked to a lawyer about this?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we have been living together for 6 months in Denmark. Nothing else I can think of.
Submitted: 19 days ago.
Category: Family Law
Expert:  plclegal replied 19 days ago.

Good afternoon.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  plclegal replied 19 days ago.

Thanks for your patience.

There's no additional 'rights' or 'powers' that the father will have in the UK courts simply because he is a UK citizen.

The court would look at the best interests of the child/ children and would also look to maintain the status quo where possible, provided that the child/ children are happy with the current arrangement.

I trust that this answers your question? Can I clarify anything further today?

Customer: replied 19 days ago.
Hi,
Thanks for the reply.
Another area I have questions around is around child support. My partner receives child support from the son's father but he only pays when the Danish state chases him. Is there anything similar in the UK to secure her child support payments? Also do you know if moving to the UK would allow her to re-negotiate her support settlement with her ex-husband?
Many thanks,
Bill.
Expert:  plclegal replied 19 days ago.

Of course. Yes if the child and also the paying parent is resident in the UK she can ask the child maintenance service to intervene and set up a direct payment.

The child maintenance service will assess his income and direct that he pays monthly accordingly. There's an online calculator at www.gov.uk, search "calculate child maintenance".

If the CMS can't get involved, say for example if he remains outside the UK, then she could go to the UK family court for a maintenance order that can be enforced in the country that he is living in. It's a little more complex this way, obviously, but still possible.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 18 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 15 days ago.
Hi,
One other question - what is the child support that my partner would receive from her ex husband intended to cover?
Thanks
Bill.
Expert:  plclegal replied 15 days ago.

Hello, happy to help, of course.

Child maintenance cover basics such as food, clothing, contribution towards accommodation etc.

It does not cover the mortgage, it does not cover private school fees, or optional extras.

I hope that this assists?