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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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Iam asking on behalf of a friend. What are the first steps

Customer Question

Iam asking on behalf of a friend.
What are the first steps to getting a child back from a parent who took the child abroad without parents consent baring in mind the father wasn't on the birth certificate and this was nearly 4 years ago!
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 and where did the mother take the child?
Clare
Customer: replied 1 year ago.

7 in march we don't no for certain but thinking Australia.

Expert:  Clare replied 1 year ago.
Hi
What contact did the father have with the child prior to the move and what action has he taken within the last four years?
Clare
Customer: replied 1 year ago.

He had contact with the child for 2 weeks and then mother for other 2 weeks and this went on for 5months. As this was getting too much with his work commitments contact changed to every weekend up until his 2nd birthday. He didn't no he was gone until he went to pick him up the following weekend by then they had been out of the country 5 days from what he was told by the childs mothers parents. Nothing else was done.

Expert:  Clare replied 1 year ago.
Hi
What action did he take four years ago?
What does he wish to achieve now?
Clare
Customer: replied 1 year ago.

He asked mothers parents of whereabouts not even they knew. All they knew was she had met a man a month prior to her leaving with him and the child, and searched Facebook to see if her brothers were in contact with her nothing and as she had registered the child in another mans last name wasn't sure what more he could do!

If anything find out where the child is and to have contact if can't bring him back.

But if he can prove the child is his with DNA test would a court allow this now the child lives in another country and baring in mind this was 4 years ago! Does he have to live in the country to apply to the courts if it can't be done in the UK?

Expert:  Clare replied 1 year ago.
Hi
Does he have DNA evidence that the chlld is his?
Clare
Customer: replied 1 year ago.

All he has still is a bike the child use to play with if that will still have fingerprints on it i don't no!

Expert:  Clare replied 1 year ago.
Hi
What made him believe that the child was his?
Clare
Customer: replied 1 year ago.

Because he was with her at the time she fell pregnant and asked him to be there at the time of registering the child but when he got there she said she d already had done it!

He has only got 4 photos of him (2 of which are with him on the bike) and can clearly see he's a spit of his dad!

Expert:  Clare replied 1 year ago.
Hi
Given the delay there is no question of the child being returned to the UK.
The father did not have Parental Responsibility and legally the mother was entitled to take the child abroad.
Has the father acted immediately then there would have been the possibility of the court granting him PR so that he could force the return - but too many years have passed for that to happen now.
The only option is to try and trace the child and them make an application in the courts of that country for contact with the child
This will at least to start with have to take place in the country where the child lives
In terms of tracing the child a skilled Enquiry Agent (private detective) could well get enough information from the family to allow him at least to know where to look
Please ask if you need further details
Clare

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