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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Przemysław Tempczyk I am polish and I am divorced. My ex

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Hello, My name is***** am polish and I am divorced. My ex wife is polish as well, we’ve got divorce in Poland but we all live separate in UK. We’ve got one child 7 years old , he lives with his mother. I take my son every weekend so he stay with me 2 days a week. Unfortunately my ex partner started scaring me that she stop giving me my son for that few days. From last month I started paying child maintenance. Unfortunately my visits are not regulated by law, everything was as a verbal agreement between us. Because of that I have a two questions :
1) How Can I guarantee by the law visits with my son, where I suppose to send my application etc…
2) Is there any legal possibility to not allow leave the UK my son without my writing consent ( I want to avoid situation that my son leave the UK with his mother without my permission)
Thank you and best regards
Przemysław Tempczyk

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long have you all lived here?

- why is the mother saying she is going to stop you seeing your son?

- has the mother made any threats to remove your child from this jurisdiction?

kind regards

Caroline

Customer: replied 3 months ago.
Hello, thank you for a quick answer.
-I live here for 4 and half year, my ex partner has come with my son about 1.5 year ago
-she is scaring me because I decided declare bankruptcy. I paid all our financial obligations all the time ( polish mortage), she didn't care, now she demand child maintenance. I spend a lot of money to help her and share care (I spend a lot of time to find a hause for her here in UK, I paid for a bond and few first rents) now I've got financial problem. I want declare bankruptcy, that make me free but after my bankruptcy she would have to start paying for polish mortgage herself. She don't want any changes, when I was paying for that was very good for her. We can't sell that house because that obligation is higher than value of the property.
-she didn't do anything yet

Hello

Thank you for your response and for clarifying that for me.

I am sorry to hear about everything that has gone on.

What you need to know is that it is the position of the courts that children are entitled to a really good relationship with both of their parents and this should be the position as long as there are no child protection concerns as to why this cannot happen. Having money troubles is not a child protection concern and would not be a reason why a court would not want you to have a good relationship with your son and thus not a valid reason for the mother to stop the arrangement that you have.

I have to tell you though that I note that you are having every weekend. Whilst there is no problem with this if it is agreed between you, you do have to be aware that weekends are seen as quality time, especially when your son is at school during the weekend. If the mother is wanting some weekend time too then a court would probably agree this and you could also have some extra time during the week around your work hours.

First step in relation to the move is to refer to family mediation. You have to do this otherwise the court will reject your application.

Google family mediation in your area and give them a call to self refer.

Mediation is independent and will try and help you reach agreement with the mother without the need for an application being made to court if she will agree.

If the mother won't engage in mediation or agreement cannot be reached then the mediator will sign the form that you need to apply to court.

The court form is the C100 Form and the court fee is £215 although you may be eligible for a reduction or remission depending upon your means.

You are asking the court for a Child Arrangements Order so the court can set out the time that you can spend with your son which you can enforce through the courts if the mother does not comply.

As your child has lived here for some time now and is settled here then the mother cannot move abroad with your son without your permission. If the mother was to do this then she could be charged with child abduction and if found guilty could be sent to prison. If you had genuine concerns that the mother was attempting to move abroad without your permission with your son, such as your son not attending school or the mother giving up work or the house being emptied then you can use the C100 Form to make an urgent application for a Prohibited Steps Order to prevent such a move. In such an urgent you would not need to attend mediation first but you could apply to court straight away. The court would then have to make a decision as to whether a move abroad would be in your child's best interests or not.

Please do let me know if I can assist you further

kind regards

Caroline

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Customer: replied 3 months ago.
OK, I think I know everything I need.
Thank You.