Family Law Question

[foo]

My brother is splitting up with his Ukrainian wife. They have a 7 year old son and she wants to return home with him. The separation is amicable and he is not putting any barriers in the way of this, although he does not want it to happen.

He thinks it will be a waste of time fighting as it will get dirty and he will ultimately lose as custody usually goes to the mother.

Two Questions:

1. What would his chances of obtaining custody be? The child was born in this country, is schooled here and has never lived anywhere else.

2. If he were at least to get a document drawn up agreeing visitation/holidays for the child, would it be worth the paper it was written on in the Ukraine.

I know the obvious advice is...see a solicitor, but I wanted some supporting info before that. The only reason I'm being an interfering brother is that I kind of think it's amicable now, because she has to live here for another 2 months, but that may change when she ultimately leaves.

Thanks for your time.

[pink-kittens]

"The separation is amicable and he is not putting any barriers in the way of this"
Why on earth not?

What is the child's birthdate?

On the custody side of things it may be more prudent for him to first try and stop her leaving the country with his son - that would be my advice to start with.

It will get nasty no matter what things are like now because he wants to see his son and his wife will want to go to her home country

[Whickerman]

bear in mind that Ukraine is not an EU country, pink-kitten's advice is definitely worth taking

[themas]

Has the son been brought up bi-lingual, so that he is fluent in Ukrainian as well as English? If not, how well would he cope if he is moved to a country where very few people speak English, and his schooling would all be in what - to him - would be a foreign language? This is just one of the factors which ought to be taken into account if a Court is asked to decide the case.

I agree with EDDIE - he needs to see a family law solicitor.