I've got a 2 year old daughter, which is living with her mum, she has got legal custody. Now she wants to move back to France and take my daughter with her. Can she just do it or does she need to have some sort of permission from me? I have talked with a solicitor and I was told she cannot take the girl until she is 6, is this right?
2006-11-11 18:28:08 · 14 answers · asked by KING DONG 1 in Politics & Government ➔ Law & Ethics
I live in the UK, if it helps....
2006-11-11 18:32:39 · update #1
Need feedback from people that been in same situation...
2006-11-11 18:36:27 · update #2
I have got visiting rights...
2006-11-11 18:39:23 · update #3
I don't know about without permision but I know that childeren under 6 migrate often. you may find this link useful though http://www.opsi.gov.uk/acts/acts1996/1996027.htm
2006-11-11 18:43:03 · answer #1 · answered by Dan Ln 3 · 0⤊ 2⤋
Hi Paul,
I think your question is more, can you prevent this from happening?
It may be possible. If you have joint custody and/or joint parental control, you could take out an injunction to stop your daughter from being removed from the country. Initially this would be what is called an interlocutory injunction if it has to be done quickly and there is not enough time to prepare a case to put before the court.
I suggest you speak to a specialist solicitor.
I wish you the very best of luck.
2006-11-11 22:34:41 · answer #2 · answered by LYN W 5 · 0⤊ 2⤋
I would think that, if you have visitation rights granted by a court, you'd have some possible legal recourse. Because, obviously, you wouldn't be able to exercise your court-granted rights if she and your daughter were to move to France.
Ask your lawyer what legal options, if any, you have.
Move quickly, because a foreign country is involved and you'll be in bad luck if she were to get there with your daughter.
Especially since the country in question is France -- that place harbors people convicted of murder here in the US and refuses to extradite them, so there's no reason to think they'd send someone back over a child-visitation case.
.
2006-11-11 18:31:02 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Did the court make a residence order?
A Residence Order says where the children will live (NB not to whom the child belongs). It will be possible to make more than one Residence Order but is likely only to be done where the court considers it in the best interests of the children to do so.
Where a Residence Order is made, the holder of the order cannot remove the child from the UK without the written consent of all those with Parental Responsibility or by an order of a court. The exception is that, if you have a Residence Order, you will be allowed to take the children abroad (without consent) for any period which does not exceed one month (unless prohibited by a court).
If you object to the removal of the child, you may wish to apply to the court for a Specific Issue Order / Prohibited Steps Order.
The court is able to make orders which require specific actions (Specific Issues Order) to be taken or which prohibit certain steps (Prohibited Steps Order) being taken in respect of children. These orders are intended to safeguard the interests of the children where major issues of concern may arise. They cannot be used in place of a Residence or a Contact Order. They are not to be used for trivial disputes.
2006-11-12 00:06:23 · answer #4 · answered by Doethineb 7 · 0⤊ 2⤋
However hard this is to accept out of experience only act in the beat interest of you daughter.
You must keep in contact by her a mobile when she is older, phone her if possible keep send cards for celebrations etc
Do not drag her thro legal courts apart from cost which should be spent on her eventually It will turn her off you if not now in the future.
And there is a future even tho I know what you are thinking.
Finally I am 99% certain that your wife does have the right sorry.
2006-11-11 18:52:49 · answer #5 · answered by Anonymous · 0⤊ 2⤋
I am not in the same situation yet but,the advice you have been so far given may be true,what I would question is, is there a reason why your former partner wishes to move back to France? are their laws more lock tight than ours? you may have rights here but there ?Perhaps if possible someone on here from France could give you a more direct answer to allay any doubt you may be getting.Good Luck.
2006-11-11 22:54:15 · answer #6 · answered by edison 5 · 0⤊ 2⤋
Depends on the definition of her custody, if its custody with visitation or not. And even if it is with visitation if she has full custodial rights she can go anywhere she feels with the child you aren't looking after. However you can schedule parts of the year she can come stay with you temporarily...maybe, if shes out of the country it'd be in her control.
2006-11-11 18:32:17 · answer #7 · answered by Josh V 3 · 0⤊ 1⤋
Paul in order for us to answer that question and ensure you receive the correct advice it is imperative that you let us know which country state you currently reside as the law varies in every country state...
You use the term Solicitor, i make the assumption that you are in the UK? why don't you trust the advice from your own solicitor?
2006-11-11 18:32:25 · answer #8 · answered by Jaylaw 3 · 2⤊ 2⤋
You need to be calling a lawyer right away and don't worry about what all everyone says on here what if they tell you an answer and you go by it and its wrong? Then your daughter may already be out of the country by then..
2006-11-11 18:30:51 · answer #9 · answered by sammy 6 · 0⤊ 2⤋
Hi Paul,,,,
My question is, if you have talked to a solicitor,, they why are you asking all of us???? He would know more than the average person would...
You need to talk to him or her again and get the details down, it seems that your going to have to fight her on this..
good luck
2006-11-11 18:31:45 · answer #10 · answered by eejonesaux 6 · 3⤊ 2⤋