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Separation agreement query

  • samchik1
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12 Apr 12 #323167 by samchik1
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I have a hypothetical query that more informed wikis might be able to help me with. My wife and I are separating. We have a son who is nearly 4. We have both been involved in his care equally up to this point (I have done the lions share as she has been a full time student). She is relocating to London.

We have drawn up a Separation Agreement that states we are opting for shared residence for our son. We believe it would be unfair on him to take one of us out of his life too heavily. Hence, he will do a 50/50 split until he starts school.

We agreed that when he starts school he will start school here with me, live in the family home, and see his mum on weekends and in holidays. This is because she has career ambitions and would need him to be in after school care each day. I could be much more flexible. We think this in his best interests.

This, and other details, has been set out on a separation agreement that we will have notarized and will receive an apostille regarding next week.

My question is, I am worried (probably paranoid) that my wife might one day (she is impulsive -that''s why we are in this sh&t) do something rash. Like attempt to move my son abroad with a new partner. My question is therefore (a) would our separation agreement hold any sway in my favor if this were to happen (I.e., if this is what we agreed was in his best interests and have started to live by, would that be a factor in court, if it came to it) and (b) what would my chances be in such a situation?

Anyone who has any thoughts in this, I''d be grateful. Woke in a cold sweat worrying about this for some reason! This whole thing is killing me (it ain''t my choice).

  • Hamilton1
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12 Apr 12 #323185 by Hamilton1
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Hi there!

It''s difficult to answer, but I would say that as you would be the main day to day carer it is unlikely that a Court would want to change that equilibrium. Also your child may be a lot older by then and your son may have his own views which depending on his age will be taken into account.


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