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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter has had a baby and the father was not there when

Resolved Question:

My daughter has had a baby and the father was not there when she registered the birth, although she has used his name as part of the surname. She is in Australia and might not come back. What can he do.
Are you based in england
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How old is the child and what contact has the father had with the child?
Claire
Customer: replied 3 years ago.
The child is eleven months, his name is XXXXX XXXXX birth certificate yet, and he saw her for 5 hours on a Saturday.If my daughter stays in Australia has he any jurisdictionthere.
Expert:  Clare replied 3 years ago.
Hi
Did he see her every saturday?
Claire
Customer: replied 3 years ago.
It has been a very tempestuous relationship, which has finally broken down, and the baby has visited the father on her own for about six weeks before my daughter went to australia on the 8th July, we both went but my daughter and baby have stayed on. I want to advise my daughter on the implications of her staying there, if she stays for over 12 weeks.
Expert:  Clare replied 3 years ago.
Hi
Whilst the fact that the father does not have Parental Responsibility could technically be seen as meaning that he would not be able to use the Provisions of the Hague Convention on Abducted Children to force the return of the Child to the Uk I am afraid that in practise this is not the case.
The fact that he has been having regular contact with the child means that an emergency application by him for PR is likely to be granted and then he can apply in Australia for the return of the Child to the UK.
Tour daughter will also find that the Australian Authorities will support him - and indeed she will discover that the child will not get the right to remain their permanently without the fathers agreement
Of course this supposes that the father will actually take any action at all.
You can discuss this fully with the Charity Reunite
www.reunite.org
I hope that this is of assistance - please ask if you need further details
Claire
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