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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33080
Experience:  Over twenty-five years experience
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My ex wants to move back to Canada with my daughter(aged 6)

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My ex wants to move back to Canada with my daughter(aged 6) We weren't married, but I have parental responsibility. I recently attended court to ensure that the ex returned to UK from a holiday to Canada. The judge decided to direct on the issue of the longer term issue of the move, even though that was the not why I was there.He has directed that we move to a final hearing, even before the ex's application has been seen! He even commented that I had a weak case! Is there not a due process to follow? I have always offered mediation to the ex, but I have received no details of when she intends to move or any other details. I am concerned about the impact on my daughter if she is just taken over there; what about my rights? Any advice appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Have CAFCASS been directed to order a s.7 report
Customer: replied 2 years ago.
The judge stated that 'he did not see the need for a CAFCASS report/involvement'. Any request has to be in by 27 august, but the ex doesn't return with my daughter until the 30th, and then the final hearing soon after 7 sept. It seems like I'm getting steamrollered.
Expert:  Thomas Judge replied 2 years ago.
I rather think that you are being steamrolled a little. I would apply to the court on a C2 for CAFCASS to undertake a s.7 report. This is quite a complicated area of law - the leading case on this issue is Payne v Payne. I would also look at http://www.familylawweek.co.uk/site.aspx?i=ed84409This is quite an important and complicated area of law and I would certainly recommend that you get a lawyer - be it a solicitor or barrister on public access.Please rate - I am happy to continue to help
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Customer: replied 2 years ago.
I'm almost resigned to the move happening. What are my rights if she is moved out of the UK's jurisdiction? How can I ensure access to my daughter? If the CAFCASS report shows my daughter doesn't want to go to Canada, will the court listen?
Expert:  Thomas Judge replied 2 years ago.
It will certainly be a factor for the court if the child is against the move. You will see in Payne that there is a 'checklist' of things for the court to consider - it would appear that at present these are not being considered - really father should be addressing all the points which you have raised above in his final evidence (as per Payne) - setting out how he proposes to maintain your relationship. This is also something which CAFCASS could/should investigate - the pros and cons - the emotional harm to the child and how contact will be maintained.Please rate positively
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