Shared custody

PeterJames123

My Wife and I are splitting and she is taking my darling angel 2 year old daughter. She has said she won't move far and will allow me to see her 3 days a week but I am sure this may turn nasty.

She was originally from London and we now live in Newcastle. Is there any legal way I can stop her from taking to London and setting up a new life there? While she is calm I want to get something in writing ASAP but not sure if there is such a thing.

I just can't breathe without the thought of my daughter in my life. I need to see her. We had an islamic marriage but not a civil ceremony so not sure in we are married in the eyes of the UK Law although our marriage papers allowed her to get a passport in my name.

daska

You don't say where you got married, was it in the UK? Do you have a UK marriage certificate? Or did you just have the Nikah? Or did you get married abroad? (AIUI the Nikah is recognised as a legal marriage if performed in a muslim country but not if performed in the UK) Are you named on your daughter's birth certificate?

I suspect you need to check the legal status of your marriage as the financial implications may well depend on whether you are legally married. There's not usually anything you can do about the RP moving somewhere else in the UK, though you should get a say in whether she might legally be allowed to move abroad with your child - difficult to stop her getting on a plane though, is there any chance she might do that?

(Your name is not your private property, she can call herself whatever she likes whether you're married or not.)

Hagar_uk

PeterJames123 wrote: »

My Wife and I are splitting and she is taking my darling angel 2 year old daughter. She has said she won't move far and will allow me to see her 3 days a week but I am sure this may turn nasty.

She was originally from London and we now live in Newcastle. Is there any legal way I can stop her from taking to London and setting up a new life there? While she is calm I want to get something in writing ASAP but not sure if there is such a thing.

I just can't breathe without the thought of my daughter in my life. I need to see her. We had an islamic marriage but not a civil ceremony so not sure in we are married in the eyes of the UK Law although our marriage papers allowed her to get a passport in my name.

Feel for you, its tough but play the long game, dont go all guns blazing unless you have to, try and keep as much contact as possible. If it goes to court later and you have been seeing your daughter 3 days a week, It then becomes much harder to fob you off with unfair access.

whitewing

The trouble is by being so concerned (and understandably so) that they don't move, it may have the knock on effect that it increases her desire to go. I don't mean she'd do this to be nasty but she may start to feel that you are asking her to sign her life away, without her having easy access to family.

You can still have an enormously successful, very regular relationship with your child even if they are in London, it will just be different on a practical basis.

Gigglepig

Your ex wide is a free person so no, you can't stop her from moving to London to set up a new life. If you come across as this controlling no wonder she may wish to move? May be best for your child if you take a more co-operative, less controlling line, and try to keep things amicable.

janninew

She'll 'allow' you to see your Daughter 3 times a week?! How kind! Who has been the main caregiver? Is your name on her birth certificate? There is nothing at all to stop you from applying for custody of your Daughter, see a Solicitor ASAP.

Dunroamin

PeterJames123 wrote: »

My Wife and I are splitting and she is taking my darling angel 2 year old daughter. She has said she won't move far and will allow me to see her 3 days a week but I am sure this may turn nasty.

She was originally from London and we now live in Newcastle. Is there any legal way I can stop her from taking to London and setting up a new life there? While she is calm I want to get something in writing ASAP but not sure if there is such a thing.

I just can't breathe without the thought of my daughter in my life. I need to see her. We had an islamic marriage but not a civil ceremony so not sure in we are married in the eyes of the UK Law although our marriage papers allowed her to get a passport in my name.

If you don't change your attitude, it just might!

"I just want her out the house and I never want her coming back asking for extra money"

FBaby

Dunroamin wrote: »

If you don't change your attitude, it just might!

"I just want her out the house and I never want her coming back asking for extra money"

I think under the circumstances (her leaving OP and saying she wants nothing to do with the house) that that statement isn't showing any particular attitude. It is understandable that if OP is going to be paying the full mortgage from now on, that he wants to protect that investment.

OP, the best way would really be to up your hours, or urgently look for a better job to get the mortgage to your name only. She is willing to sign it over now, she might not agree to do so later on.

In regards to your daughter, you wouldn't be able to prevent her from moving unless you go to court and either ask for custody or joint custody. In case of joint custody, it makes it harder for one of the parent to move and take the child away because the child's life would be even more disturbed and it could warrant a judge imposing that the child stay where they are. They are no guaranty, far from it, but it is the best protection you can hope for.