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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2724
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I separated 18 months ago. We were both living

Customer Question

Hi, my wife and I separated 18 months ago. We were both living abroad and I returned to UK as a result of separation. She still lives abroad with my daughter and a new partner. I get no say in the decisions on how my daughter is being brought up, e.g. schooling etc... Do i have rights as a father? Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.
If you were married at the time of your daughter's birth then you would automatically have parental responsibility under UK law for your daughter, which entitles you to be consulted regarding major decisions in her life and to be kept up to date with her upbringing and education.
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Customer: replied 1 year ago.
We were married 17 months after our daughter was born and have yet to finalize the divorce. My concern is the lack of information I get from my wife. It is virtually zero. I just get demands for monetary assistance and have just been informed that she is thinking of changing schools. I have not been asked for any input at all.
Expert:  Harris replied 1 year ago.
Where was your daughter born and are you named on the birth certificate? Which country are they living in?
I would suggest that you write to the mother to raise these concerns as a first option.
Customer: replied 1 year ago.
Hi. My daughter was born in UK and I am named on birth certificate. I have communicated with my wife but still get no input as to her upbringing. I want to support her financially but have no basis for doing so. I currently have my daughter for June and December - I get her from Africa and bring her to UK and abroad for holidays, at a cost in excess of £15,000. This to me is an invaluable time spent with my daughter. I don't want to upset this arrangement but am considering a divorce petition to fully sort out our finances. I left with nothing when we separated, (no financial agreement and no demands regarding shared financial assets). Everything was left in wifes name. Require suggestions on how to move forward as it is not working as is now.
My wife has a very well paid job and so has her partner. The financial demands requested of me are fairly inconsequential but I feel that it is the lack of parental input that I am irked with.
Expert:  Harris replied 1 year ago.
It is the best course of action to keep the issue regarding your daughter and the divorce/financial relief matter separate.
As you are habitually resident in England & Wales, and appear to have been since the separation 18 months ago you can petition for divorce in here. In relation to the financial relief matter you can proceed with an application to Court for financial relief, bypassing the requirement for mediation, as it appears that your wife is habitually resident outside of England & Wales.
I would suggest that you consider proceeding with this as soon as possible, as it may be the case that your wife issues a divorce and financial relief application in her jurisdiction and it will be for that jurisdiction's court to decide on the matter.

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