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Mina Counsel
Mina Counsel, Barrister
Category: Law
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Experience:  Barrister
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14 years ago when my wife and I divorced she was given full

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Hi. 14 years ago when my wife and I divorced she was given full custody of the children under the British Law, but I was allowed to see them anytime with no restrictions. The children lived with their mother in Czech. I am currently in Saudi and my son came to visit me in March and couldn’t leave until August due to the pandemic. He is now in England but would like to come back to Saudi to live with me, however his mum is saying no and wants him to come back to Czech . He is 16 years old and will turn 17 in January. Is he allowed to live with me if he makes the decision himself, and does his mother have any rights to stop his decision. Thank you I need some advice ASAP so I know how to meet the best interests of my son.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. I haven’t filed anything. I have only spoken to his mother.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: The court order was made in Luton Family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that’s all. Thanks

Hello, my name is ***** ***** I am a practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day.

There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.

(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)

Under the English law, a Child Arrangements Order expires when the young person reaches the age of 18. However, you can only apply for a Child Arrangements Order for a child aged between 16-18 in exceptional circumstances.

Does the court order specify which country the child must live in?

Customer: replied 7 days ago.
No. When he is with his mother he stays in Czech and when he’s with me he’s in England. No court orders have ever made in Czech. Everything was done under British law

Ok thank you. If you want your son to legally live with you, you can make an application to vary the current child arrangement. It is called a C100 application, please see attached. Given he is almost 17, they will certainly take his wishes into account.

Customer: replied 7 days ago.
Ok so while I fill the form my son will have to back to his mother right ? But my son has said he doesn’t want to go Czech to his mum, what happens then ?

Not if the form doesn't specify your son needs to go back to Czech. It is an English order after all. You son should be able to stay in the UK.

Customer: replied 7 days ago.
Even though his mum has full custody and she lives in Czech?
Customer: replied 7 days ago.
I am currently staying in Saudi Arabia. Does is it still apply ?

If there is an English order, the child should reside in the UK. If any parent tries to take the child outside the UK for longer than 28 days they will be breaching the court order and committing an offence.

If you do not give your consent to your son living in Czech now, the mum cannot legally force him to go back.

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