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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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I am married with a four year old child and had an affair.

Customer Question

I am married with a four year old child and had an affair. The woman is now pregannt; i have requested she consider termination and she refuses. She is 34 and fears she will not get pregnant again.

She is a dual national, UK/Switzerland, and says if i won't be with her she will go to Switzerland to have the child and raise it there for at least two years, and that i will be able to see it "when i can get to Switzerland".

I believe a child deserves both parents and am not prepared to abandon a child i have fathered. I understand that if born in the UK if i am on the birth certificate or establish paternity then i have some rights to prevent her travelling with the child or moving the child abroad without consent. Also, if we cannot reach a friendly access/joint custody agreement i could pursue that legally. Presumably i don't have any right to prevent her travelling abroad to give birth or to make her come back afterwards and custody/access would have to be pursued through the Swiss courts.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.

Hi Thank you for your question. My name is XXXXX XXXXX I will do my best to help you. I am afraid your rights do not begin until the baby is born and accordingly if she returns to Switzerland before the baby is born there is nothing you can do to stop her and the issue of what contact you should have with the child will be determined using Swiss Law Indeed even if she has the baby in the UK whilst you can apply for an Order preventing her from leaving the UK she may well still be able to obtain the Courts permission to return "home" with the child despite your objections - although you would then have the opportunity to oppose this.

I hope that this is of assistance - please ask if you need further details

Claire