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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 daughter is an ex***** *****ving in Murcia Spain. She has a 3year

Customer Question

My daughter is an ex***** *****ving in Murcia Spain. She has a 3year old son to her partner. The relationship has broken down and my daughter wants to return to uk to live Her partner has agreed to this but thinks he can then file for sole custody of the child. What would you advise. Should my daughter file for custody while in Spain and would this be upheld if she returned to the UK
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWill her partner also be returning to the UK?
Customer: replied 2 years ago.

Thank you Clare. I don't think that is his plan immediately. He told me today he will be contacting a legal representative in uk to file for sole custody while they are both in Spain

Expert:  Clare replied 2 years ago.
Has he put his agreement to the move to the Uk in writing?When will your daughter move?
Customer: replied 2 years ago.

No he hasn't put anything in writing. She is hoping to move by Christmas but is frightened in case she gets in a case of abduction

Expert:  Clare replied 2 years ago.
She must get his agreement in writing.It does not matter what he thinks he cam do in the Uk - so long as she has his permission for the move in writing then she cannot be accused of Abduction.He certainly cannot file for anything in the Uk until the child lives here - and Custody sole or otherwise is no longer a erm used in Uk family law.I hope that this is of assistance - please ask if you need further details
Expert:  Clare replied 2 years ago.
.
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

If he won't give written consent can she apply to Spanish court for custody and is the court likely to allow her to come to uk

Expert:  Clare replied 2 years ago.
If he will not give written consent then she needs to apply in Spain for permission to move the child to the Uk
Customer: replied 2 years ago.

Thank you, ***** ***** answered my questions

Expert:  Clare replied 2 years ago.
You are welcome - I hope all goes well