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SASH_Law
SASH_Law, Lawyer
Category: International Law
Satisfied Customers: 923
Experience:  Director at No.53 Legal Limited
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My ex partner wants a dual citizenship for our son, if I

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My ex partner wants a dual citizenship for our son, if I agree to this, will she need my permission to take my son out of the uk?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No
Assistant: Have you talked to a lawyer about this yet?
Customer: No
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My ex recently moved to chester making my time with my son impossible to have, I have come up with a plan for me to have him every other week but she wont agree to this as I'm working for 2 days

Hi, I'm Lea and I have reviewed your query.

 

What pattern of contact did you have with your son before the mother moved?

 

How old is the child?

 

How far away from your home are they now living?

 

Did you agree to the move?

Customer: replied 9 days ago.
Hi lea
Before she moved I had my son for 5 days one week and 2 days the next due to me working continental shifts,
My son is now 9 months old, he was having regular visits to the hospital due to having a small hole in his heart and also he was born with an extra digit on his hand
I live in Swansea and shes moved to chester which is approx 142 miles away making it impossible for me to see my son as I dont drive and I cant afford to take time off work on the sick to go get him plus it's up too £139 for a train ticket,
No the move wasnt agreed on

Given the pattern of contact that you previously had with your son, you could have objected to her moving, and put in a prohibited steps order application to prevent it - she would have had to explain why it was in the child's best interests to move that far away from his father. However, as she has already moved, it may be a bit late for that.

 

However, you can still apply for a child arrangements order, and based on the fact that you appeared to have shared care previously, you could make an application for the same pattern.

 

Firstly you are obliged by law to try mediation to see if that will resolve matters, but if mother won't engage, then you need to attend what is known as a MIAM (mediation information assessment meeting) to get your form signed by a mediator so you can apply to court for an order instead. There are some exemptions from attending a MIAM – the form provides more information on whether you meet that criteria or not.

 

The form you need is called a C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

 

The form needs to be a) signed by the mediator, b) filled in by you, (you are asking for a child arrangements order) and then c) copied three times (with a fourth copy which you will keep for your own records). You must then take or send the original plus 3 copies to the family court closest to where the child lives6

.

You can find the right court here: https://www.gov.uk/find-court-tribunal

 

The fee for filing is £215, but you may be entitled to fee remission if you are on a low income or benefits, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

 

Does that assist?

Customer: replied 9 days ago.
So no matter what the best solution is to go through the courts?

Often the best solution is to mediate - but if one party won't agree, the only option is court.

 

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for helping you today. Thank you. You will still be able to ask clarification questions after you have rated.

Did that assist?

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