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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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Daughter is dual national Italo-English and holds current passport

Resolved Question:

My daughter is expecting a child from a partner. Not yet living together. I need to know what needs to be put in place to protect her total custody of the child even if recognised by the father and her patromonial estate (not insignificant).

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Will the child be born in the UK or Italy?
Customer: replied 3 years ago.

My daughter has not yet decided as the baby is not due until July

Expert:  Clare replied 3 years ago.
Hi
The answer will depend on which country the baby is born and lives in
I can give you general information on the UK system - would that suffice?
Clare





Customer: replied 3 years ago.

Hi,


Yes that would be a good start.

Expert:  Clare replied 3 years ago.
Hi
If the child is born and lives here and the father is named on the Birth Certificate then the father will have Parental responsibility and the right to be consulted on all issues regarding the child.
(If he is not named he can apply to the court for PR)
So far as who the child lives with is concerned if the parents cannot agree then the court will have to decide the issue assuming that the father wishes to pursue the issue
There is no way around this I am afraid
Please ask if you need further details
Clare
Customer: replied 3 years ago.

OK Thanks. I assume that the PR is a joint responsibility shared equally( and financially). With respect to the birth certificate ,and assuming that the father is named, can both surnames (i.e mother and father ) be added as the child's surname. And finally ,what needs to be done to protect my daughter's current assets(and the father's of course).

Expert:  Clare replied 3 years ago.
Hi
It is up to your daughter what name is XXXXX XXXXX the Birth Certificate.
The father can only be named if he is present and agrees.
If there is no marriage then all the assets of both parents remain theirs and not subject to division
Parental Responsibility relates to the right to be involved in and consulted on major issues in a child's life.
It does not connote equal financial responsibility
Whether or not the father is named on the birth certificate he is liable for child maintenance
Clare
Customer: replied 3 years ago.

Clare,


Thanks for that. The difference between UK and an eventual Birth in Italy is whether the father recognises the child or not. If he does,my daughter then has no choice in the fact that the child takes the surname of the father. I need for her to make a major decision from this perspective as she prefers to give Birth in Italy.

Expert:  Clare replied 3 years ago.
Hi
That is interesting - but yes a decision that she needs to make soon
Clare
Clare and 2 other Family Law Specialists are ready to help you