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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5971
Experience:  LLB (Hons)
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Im in separate with my wife 2 yers ago so i need ur help to

Customer Question

Hi.im in separate with my wife 2 yers ago so i need ur help to get divorce ?
JA: What are the assets involved here? Are there any minor children?
Customer: we have one child
JA: Where are you located? Divorce laws vary by location.
Customer: im from tunisia and my wife from poland but we we are 6 yers in UK in bradford
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i want to knkw if i can havw legal separation and i can have child legal 2 days per week and if i can take him on holiday with me once a year.
Submitted: 6 days ago.
Category: Family Law
Expert:  SASH_Law replied 6 days ago.

Hello, how are you today?



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.


JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Expert:  SASH_Law replied 6 days ago.

I can answer your query regarding divorce here, but your query regarding child arrangements must be asked in a new thread as they are two distinct areas of law.

You say 'divorce' and then refer to 'legal separation' - which is it that you would like to do, divorce or a judicial separation?

Customer: replied 6 days ago.
Hi
She has started divorce in Poland this is what she says. I am not sure which would be better in mg situation. I am separted with her for 2 years already and i cant have my child twice per week. She did travel with him without my knowledge to Poland and i would like document that i have to agree before she travel with him and i can sew him twice per week. What is your advice? Thank you.
Expert:  SASH_Law replied 6 days ago.

If she has already started the divorce in Poland, then Poland will decide if they have jurisdiction and take it from there.

You cannot now file for divorce in England, as if the Polish courts accept jurisdiction, then the English courts will have to decline to hear your case.

If you are all habitually resident in England or Wales, then she needs your consent to remove the child either for a holiday or permanently from the country. Without your consent she is committing child abduction.

If you agreed she could take the child to Poland, then whether she needs to bring the child back will depend on your agreement.

As I said above, I should answer only one topic per thread, but as your divorce query ended up being brief, I have answered the children matter for you too.

If you cannot agree child arrangements, you have to try mediation first, and if that doesn't work, apply to court.

Find a mediator: www.familymediationcouncil.org.uk

C100 form for child arrangements and info can be found here: https://www.gov.uk/looking-after-children-divorce

Customer: replied 6 days ago.
thank u so much for your advice
Expert:  SASH_Law replied 6 days ago.

You're very welcome.

Glad I could assist.

Expert:  SASH_Law replied 6 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading, or, once you have rated this question you will be able to add me as a favourite expert from your membership page. When you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law. 



All the best!