Im writing a story about a man who's rich as usual and he has an affair overseas and has a child. Im trying to say when he gets divorced and marries his new wife and I'm wondering if anyone knew in marital law is it possible to be divorced and re married on a fiancé visa even when the custody of the children has not to been settled in court? Im trying to get the new wife to punch his ex wife which will affect the custody of the children during this battle over his wealth. I know i'm just shouting in outer space for help but been quite stuck and I thought I'd give it a try.
I think you'll need to be more specific here. What nationality is the man? His ex-wife. Where is his 'new wife' from, and where are they going to end up living? What country is the custody case being settled, etc. Laws vary from country to country, and jurisdiction will matter a lot. If you can narrow down these specific facts, then it will be a lot easier for you to research the laws as they apply in the case you're building.
In the UK the wife will automatically have custody of any children in a divorce The father needs to negotiate access.
Not in Scotland. (Scots law is different from English law.) The default custody laws changed in Scotland in the 90s. Now both parents are considered equal in terms of child custody and responsibilities. Unless there is a compelling reason not to (like evidence of child abuse, etc) the parents are encouraged to work out their own arrangments that satisfy both parties—based on what's best for the children. I apologise for the appalling font/page colour choice here, but this should help. There is also a link to the scenario involving parents from outside of the country. https://cathkarlinfamilylaw.co.uk/custody-divorce-in-scotland/
In a divorce both husband and wife have equal parental responsibility. Both are entitled to 50% residency. If the mother disputes this , the children need to go to school and the father is not local for example , unless the father can prove the mother is an unsuitable as a parent , the mother will get custody and the father will need to negotiate when his children can visit .
the over-riding principle the court applies is what is in the best interest of the child, including the wishes of said child if they are old enough to express them. in the example above the father loses 50% custody not because hes the father but because he is the one who would disrupt the child environment... if the mother were moving away from the area the father could well wind up with custody and the mother with visitation rights.
In England, the parents should reach an amicable arrangement for custody in good time. Failing this, the judge would award custody but only if a case is brought to court. I think the key thing here is that in either case, it would be fairly safe to assume that a decision could be reached quickly. My question would be how relevant would it be that the application is made on a visa? Irrelevant if the person did not disclose their partner on the court paperwork.
