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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I have a daughter (7 years old) from my first marriage and

Customer Question

I have a daughter (7 years old) from my first marriage and we both have parental rights. I have remarried and have 2 more children. My daughter lives with us. We have an agreement that my daughter sees her father and his new family every other weekend. Although because of his travels and work it is very irregular and we have accomodated it - he sees her whenever he or she want, including during the week.
My current husband and I have decided to move abroad (Germany) to live (with all three children). My daughter's father is happy with that (no written consent as yet though).
I have 2 questions:
Firstly, would it be possible for my husband to either adopt my daughter (without her father losing his rights) or somehow gain parental/legal guardian rights before we move - simply so that he could make decisions for her when we live abroad (should I not be able to)? Germany is a very bureaucratic country and we need to have everything in place before we move.
Secondly, how do I go about gaining written permission from my ex-husband for our daughter to move with us abroad? (I am in process of getting all the information like schooling etc.) Can we do this informally or does this need to be done through a lawyer?
Thank you for your help.
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.

Thanks. Will he agree to you moving with your daughter to Germany?

If he did agree how would you arrange contact?

Customer: replied 3 years ago.

Yes he has agreed, he thinks it's a good idea. He will visit whenever he wants to and she can visit him during school holidays.

Expert:  Stuart J replied 3 years ago.







I cannot advise
the situation in Germany, but only the UK.



Provided your husband agrees, there is no need for
anything other than a letter from him, stating that he agrees. You need to make
sure that if you fall out at any stage in the future. He cannot deny the
agreement ever existed, or that he was coerces into it. So in that respect,
although there is no absolute need, you might want to involve solicitors on a
basic level.



This solicitors
website explains a little more in-depth http://www.rcsolicitors.co.uk/chiltern-family-law/children/guides-4/removal-from-jurisdiction.htm



If your new
husband adopted your daughter, then your old husband loses all rights to see
the child. It is then as though the child does not exist, so it is not probably
an option.



He would probably
object to that!



In the event that
your new husband may be required to make decisions with regard to the child's
welfare in the event that you are not available, there is no problem in your
new husband making an application to court for a parental responsibility order
which would actually make sense and, if your ex agrees, it would be a formality.

From what you say, would make sense for this to be done before you moved away



Can I help
further?



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The thread remains open. Thanks for 5 days

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very mych, that answers all my questions!

Expert:  Clare replied 3 years ago.
HiAssuming that the biological father is willing to agree both to the move and to your husband having some authority then you all three can sign a Step Parental Responsibility Agreement - herehttp:[email protected][email protected]/documents/digitalasset/dg_181743.pdfIf he will not agree then you can apply to the courts either for Joint Residence together - Or for a Step parental Responsibility OrderClaire

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