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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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My name is ***** ***** recenctly split from my long term partner

Resolved Question:

my name is ***** ***** recenctly split from my long term partner who has a 9year old daughter i have lived with & brought this little girl up as my own since she was 8 months old i have not adopted her but the little girl calls me her dad as she dosnt know im not & has never met her real father. since splitting up my ex partner has informed me that she is moving to america and taking the little girl with her. i was wondering if i have any say in this matter & if so what are the next steps i can take if any?
thanks
Gareth Lamb
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.
What ocntact do you currently have with the child?
Clare
Customer: replied 2 years ago.

i see her 2-3 times a week but her mum is making it harder to see her. some weekends i have her for a couple of nights i want to carry on see my little girl.i am in the process of getting a house but am staying at a freinds & have been since she kicked me out of the family home

Expert:  Clare replied 2 years ago.
Hi
Why does your ex intend moving to America - what is there for her?
Clare
Customer: replied 2 years ago.

Just after Christmas she went to USA telling me she was goin for an interview !!! I found out after she went to meet some guy leaving me at home with our daughter !!! She got back & kicked me out of our home without no talking no explanation ! She is moving there to be with him !! She hasn't even explained to our daughter just said your going whether you like it or not

Expert:  Clare replied 2 years ago.
Hi
Has she actually obtained visa's?
Clare
Customer: replied 2 years ago.

I dont know she will not tell me anything & my little girl dosnt know much either,or she is scared to say anything due to how her mum will react if she says anything to me with regards ***** ***** ! I have just found out today she has got engaged to this guy she met on Facebook!!!!!!!

Expert:  Clare replied 2 years ago.
Hi
May I ask - is there anyone named as father on her birth certificate?
Clare
Customer: replied 2 years ago.

no the father or no one is named on the birth certificate. the father has not seen lilly since she was 2 weeks old when my ex had to take her for a dna test which proved he was the father since then there has been no contact with the father what so ever.

Expert:  Clare replied 2 years ago.
Hi
OK. How soon will you have your own home?
Clare
Customer: replied 2 years ago.

Hopefully within the next month at the latest

Expert:  Clare replied 2 years ago.
Hi
Just to check - you were never married to her mother?
Clare
Customer: replied 2 years ago.

No we where never married or engaged

Expert:  Clare replied 2 years ago.
Hi
As you realise you actually have no legal rights in this matter since you are not the biological father - even though you are clearly her father in every other way.
However the relationship between you and your daughter means that if your ex tried to end contact you could apply to the court for permission to apply for a Child Arrangement Order - and that permission would be granted - as would an Order ensuring that the child has contact with you since it is clearly in her interest to do so.
The issue of the move to America is much more difficult.
If there was an established Order for Contact then you could apply to the court to prevent the move until the matter of contact had been resolved - but you have no right to make an application otherwise.
If your ex persists in the plan then you can ask the court for permission to apply for a Child Arrangement Order that the child lives with you - but I will be honest and say that I am concerned about the possible outcome.
Whichever way you move forward it is important that the child is told the truth about your relationship as soon as possible - otherwise it is a weapon that your ex can use.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you