I am a Zimbabwean on spouse visa.I am a care worker and my ex wife is a social worker and Zimbabwean as well.I came to the UK in July 2023 with spouse visa since I’m now married again and had not yet settled by Dec when my ex wife asked for a letter for our son who is now turning 5 to come from Zimbabwe to settle in the UK.I declined and suggested that since my son was staying with my ex wife’s parents,I wanted my son to also spend time with my parents as well in Zimbabwe.I told my ex wife that if she declined to send my son to see my parents for holiday then I she wasn’t suppose to inform me about my son since she would have shown that I am not worthy making decisions about him.
JA: I understand that you are currently on a spouse visa and have a son with your ex-wife. Could you please clarify if you have any legal custody or visitation rights for your son?
Customer: So my exwife brought my son to the UK and I was only made aware by her mom in Zimbabwe when I called to talk to my son.I then sent her a message asking to see my son and she told me she doesn’t want to hear that nonsense because she brought the son alone and I had declined to write a letter for him to come in December. I need to see my son but I am now afraid to continue contacting her because she might sue me for harassment. How best can I do it
JA: Have you and your ex-wife discussed the possibility of your son visiting your parents in Zimbabwe for a holiday?
Customer: My son was staying in Zimbabwe with her parents and my parents also stays in Zimbabwe so I declined writing a visa supporting letter in December for the child to come but then she brought the child without my knowledge here in the UK and she is declining me to see the child She said report where ever you want I am ready for you
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they’ll be able to help you.
Customer: I don’t have any legal rights or visitation rights because I only heard he came here a month ago and I texted her last week asking to see my son and she said she doesn’t want to hear that nonsense and I cam report where ever I want because she brought the child by her means
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Answered in 2 hours by:
15/3/2024
Solicitor: John
Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note theremay be delays in responding as I am away helping other customers but I will get back to you as soon as I can.I may also need to ask you some clarifying questions to determine the legal position.
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Solicitor: John
Thanks for your message, I appreciate it is important to you.
Navigating child custody and visitation rights, especially across international borders, is a complex issue that requires a delicate and informed approach. Here are some steps and considerations to help you address your situation:1. Legal Advice: The first step is to seek legal advice from a solicitor specializing in family law, particularly one with experience in international custody matters. They can help you understand your rights and the legal process for securing visitation rights or custody of your son.2. Custody and Visitation Rights: In the UK, both parents typically have legal rights and responsibilities towards their child, known as “parental responsibility.” This is true unless the court decides otherwise. Your lawyer can help you apply for parental responsibility, if you don’t already have it, and then use this to pursue visitation or custody arrangements.3. Court Application: If amicable negotiations with your ex-wife regarding visitation are not successful, you may need to apply to the court for a child arrangement order. This legal order decides with whom the child will live, spend time, or otherwise have contact. The court’s primary concern is the child’s welfare, and they will consider several factors, including the child’s physical, emotional, and educational needs, and the likely effect of any changes in circumstances on the child.4. Mediation: Before applying to the court, you’ll usually need to attend a meeting about mediation. Mediation is a process where both parties try to reach an agreement with the help of a neutral third party (the mediator). It’s less formal than a court proceeding and can be a quicker, less stressful way of resolving disputes.5. Keep Communication Respectful: While it’s understandable that emotions may run high, especially when it comes to your child, try to keep all communication with your ex-wife respectful and focused on the well-being of your son. This can help prevent accusations of harassment and supports a more favorable view of your case if it reaches court.6. Documentation: Keep detailed records of all interactions with your ex-wife regarding your son, including requests to see him and any responses or lack thereof. This documentation can be valuable in legal proceedings.7. Consider the Child’s Best Interest: In all actions and decisions, the child’s best interest should be your primary concern. This principle guides the court’s decisions and should also guide yours. Seeking a resolution that supports your son’s emotional and physical well-being and maintains a healthy relationship with both parents is essential.Given the complexity of your situation, professional legal guidance is crucial to navigate the legal system effectively and work towards a resolution that allows you to maintain a meaningful relationship with your son.
I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.
Hello, just following up on this to ensure you’re satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.
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Thanks John for the response and help.
Pleasure
John, Solicitor
Category: Family Law
Satisfied Customers: 2,775
Experience: 10 years legal experience
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