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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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I want to leave my partner, who I have two children with, and

Resolved Question:

I want to leave my partner, who I have two children with, and return back to my home country, Germany. Can he stop me legally as he is their father and on the birth certificate? We are not married and the children have my surname. I may need to act quickly and leave promptly, but I am not sure if he can stop me at the border and force me or the children to stay. If I were to leave with the children to Germany, could he make us to come back?
Please advise.
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 are the children?
Clare
Customer: replied 2 years ago.
Hi Clare,
To answer your question the children, both boys, are 7 and 3 years old.
Many thanks,
H
Expert:  Clare replied 2 years ago.
Hi
Your partner has Parental Responsibility for the children and you need either his agreement or an Order from the Court to remove them from the UK
If you do try and take them then he can apply to the court for an emergency order and have you stopped at the port - it woudl then be up to you whether you left without the children or not.
Technically if you do get to Germany then your ex can still apply to the German Courts for an Order forcing the Return of the children to the UK so that the Uk courts can decide where the children should live.
Please ask if you need further details
Clare
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