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Ask Clare Your Own Question
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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HiMy daughter is not married but has a son by her ex partner

Resolved Question:

Hi
My daughter is not married but has a son by her ex partner she is in Australia staying with my son at the moment but she has bet someone out there and wants to stay and make a new life for her and her son.
My question is can her ex make her come back ?
He was very violent and abusive to my daughter and the family and the police have been involved on Many occasions he has mentally and physically abused her over the years .
She now has a chance to be free of him and be happy
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How old is the child; is the father named on the birth certificate and what contact does he have with his father?
Clare
Customer: replied 2 years ago.
Hi
Jack is 5 his fathers name is ***** ***** birth certificate
He had contact when it suited him, my grandson has had
To watch and hear his mother being attacked , he threatens
And call my daughter all the time even though she is
So far away
Expert:  Clare replied 2 years ago.
Hi
How often has he seen the child in the last six months?
Clare
Customer: replied 2 years ago.
Hi
She has been in oz since September and before I would say every other week or when he could be bothered
Expert:  Clare replied 2 years ago.
Hi
Did your daughter have her ex's agreement to the prolonged trip to Australia?
Clare
Customer: replied 2 years ago.
He knew she was going but not happy about it
Expert:  Clare replied 2 years ago.
Hi
I am afraid that she will need wither her ex's agreement or an Order from the Court to retain the child in Australia permanently.
If she simply does not return home then her ex can apply for an Order in Australia using the Hague Convention forcing her to return the child to the Uk - and he will be given support to do so.
I am afraid that she will need to return to deal with this prior to moving on with her new life.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you for your help can she apply to the courts in Australia or does she need to do this in the uk ?

Expert:  Clare replied 2 years ago.
Hi
I am afraid it has to be here in the UK
Clare
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