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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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Child custody

Customer Question

Hi i'm wondering if a couple married in Italy but resident in the UK since January can divorce in the UK. I'm also wondering if the wife has the right to take their child back to Italy to live without the father's consent? What are the father's rights in this case. He's very concerned he will lose his child. Both are Italian nationals and the child is 14 months old.
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.
Did they move to the Uk from Italy or another country?
What nationality are they?
Clare
Customer: replied 3 years ago.
Yes they moved to the UK from Italy in January. Both are Italian nationals and the child is 15 months old.
Customer: replied 3 years ago.
Also they married less than 3y ago
Customer: replied 3 years ago.
But the relationship has been on/off for 20 years...
Expert:  Clare replied 3 years ago.
Hi
They will not be able to issue Divorce proceedings here in the Uk until one of them has been living here for at least 12 months,
The position so far as the child is concerned is more difficult
Technically neither parent can remove the child form the UK without the agreement of the Other parent or an Order form the Court
However if the mother took unilateral action before July and simply went back she could argue that since the child had been resident in the UK for less than six months then it is for the Italian Courts to decide any issues regarding her residence.
If the father wishes to avoid this then he needs to make an immediate application to the court for a Prohibited Steps Order
I hope that this is of assistance - please ask if you need further details
Clare