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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a single mother of 2 young children, age 7 and 5. I have plans to

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I am a single mother of 2 young children, age 7 and 5. I have plans to translocate the children to UK in the near future as I am going to marry a UK citizen. The variation of my decree nisi is getting messy now, and my ex wants to stop paying maintenance all together if the kids are brought abroad, citing that the kids and him will lose ties/contact. I dont feel it is right. Looking after 2 children is not easy, and i really do not want to worry about finances too ! Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.


hi Fran. I still need assistance from one of the professionals. Both my lawyers and myself feel it is not right for the children's father to be discharged of his financial obligation in the event the children are taken abroad. Yet the children's father has engaged a senior lawyer who seems to feel strongly that 'how can someone pay for something which they dont know?' ie how can my ex pay child maintenance for children which he will not see or know ?


 


Thanks

Expert:  Fran-mod replied 1 year ago.
Thanks, Sue. We'll be searching for a family law professional for you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The court will not remove child support from you just because you are moving with the children, the law does not provide for that. He has a legal duty to support his children no matter where they are located. The court can impose visitations and make you pay the cost of transportation, since you are the one moving them, but his request for stopping payment of support is not in accordance with the law and you need to file an objection to the court and he would in almost all cases be denied.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Customer: replied 1 year ago.


Thanks Paul. My ex's lawyer is trying to convince/persuade the judge to look at the estranged father-children relationship as a basis to stop paying maintenance altogether. Now that the children live 20 miles away from the father, the father is gradually taking lesser and lesser interest in their affairs, what more when they are thousands of miles apart.


The judges in Malaysia are quite dumb and I am afraid i need something stronger than that for my lawyer to use to convince/persuade the judge.. Please, is there any case laws to support this ?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Generally, that will not work and if you prove that he is taking less and less interest that will hurt his claim as well. If he is worried about loss of the parent-child relationship, then the court will put a visitation order in place to make sure that will not be lost.

In these cases, they are all decided in a case by case basis based on the specific circumstances of each case and these cases rarely make it to any appeals court which is where written decisions come from. This is because this decision is based on individual facts of each case and discretion of the court. Your lawyer knows he needs to argue the facts and visitation rights on this.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90221
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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