This site is an archive of the OneSpace Forums. Return to forum index.
This site is an archive of the OneSpace Forums. Return to forum index.
Hi all
I have just joined the site and in need of some advice from anyone whom has either been in the same situation as me OR knows family law a litte better than me!
Basically my ex husband and I got divorced July last year and we have a nearly 12 year old. We have never had custody papers filed because we agreed that my son says with his mother (me!).
The dilemma is that we are both from South Africa, my son was born there but we all immigrated 11 years ago to the UK! My ex is now wanting to move back to South Africa and wants my son to go with him, what do I do?
My son says he does not want to go, but if this goes to court, how likely is it that my 12 year old will be forced to live with his father, bearing in mind his dad and him have not lived together for nearly 2 years and he hardly sees his father!
Also my son is now a British Citizen and hold a UK passport but has dual citizenship so he is legally also a SA citizen....I really do not know what to think and im genuinely worried!
I will however go to court and fight him as I do not want my son going with him or his new family, my son has always lived in the UK and the reason my ex gives my son to go with him is that the UK is ugly and SA is nice!!!!
Any advice would be greatly appreciated!!
Hi Kay, the legal expert will clarify further but when I was in a situation not so similar to yours but with regards my ex wanting to take my daughter to another part of UK without my permission. I was told by solicitor that court will generally rule a child is to remain in the place where it has been resident for the past two years with the parent that has been the primary carer for those two years.
Obviously we were all UK citizens and no leaving the country involved but as your son has UK citizenship perhaps the rules are similar?
Hope you here from legal help soon x
#
Hello all
Thanks for the messages
My son and his father actually do not have a relationship, he hardly calls my son, they Skype every now and then but they have nothing to talk about, there is no solid relationship.
I am wondering if he is saying that he wants to take his son to SA to just cause trouble? Maybe at this point, get some advice from our Expert, so that you are armed with knowledge and then leave it there. Do not buy into his games. It sounds like he is trying to unsettle you, but only you can allow that to happen.
Probelm is that I know why he wants to leave and it is because he has racked up so much debt here they all after him including CSA
Oh I see, he is a runner! I would try and keep hold of the reins, he must be feeling like he is in a desperate situation right now and trying to grab all he can before he leaves then.
How would you feel if he did leave the country?
If my ex left? Happy as Larry, if my son went with him?? NOT happy....
Fingers crossed then! 
How serious do you think he is about trying to take your son with him?
How are you feeling about it now? do you think it could be an empty threat, clutching at straws, or do you believe that he may well drag this through court?
Hi kay123 and welcome to One Space
We have a legal expert (click) here online that you can contact with regards to your query, send them an email and they will get back to within 7 days.
How is the relationship with your ex right now? How is your son's relationship with him? Has your son told his father that he wants to stay in the UK?
Sorry so many questions, just trying to get more of a picture! Contact our expert and let us know what they say