My objective is to be able to see my son and have joint custody. My son is 3 years old. I have no issue splitting 50/50 on assets and provide child maintenance.
My wife has taken my son to China without my consent. It''s been almost 3 months now. I can reach my wife via e-mail. However, she does not tell me if she will bring my son back to the UK, if at all. She had promised a date before but she changed her mind on that. She''s not responding to my recent e-mails.
I had contacted the police, reunite, FCO, UK embassy in China, etc. There is no effective way to secure my son''s return as UK law doesn''t apply in China.
I miss my son very much. I know the only hope for me to see my son again is that she will want financial settlement for the divorce. That''s when she will have to come back to the UK and the UK law can apply to her.
- Shall I file a divorce from this side now?
- Can she claim divorce financial settlement while she has abducted my son?
- What other things I can potentially do to secure my son''s returen?
Sorry about your predicament, but there isn''t much you can do to have your son returned to the UK. You can apply to divorce in England & Wales and either of you may apply for a financial order to settle the finances.
I understand there isn''t much I can do legally in getting my son back to the UK.
I recommended counselling and mediation services to my wife but they all got ignored.
I just wonder if my wife will still be entitled to financial settlement having abduction my son. Logically, it''s not fair but legally they may be 2 separate things. I just hope that I could leverage the financial side to get to see my son.
Is it wise to file a divorce from this side now? Will it just force me to settle our finance without being able to see my son?