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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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I want to ask. I'm not from England my boyfriend too. We

Customer Question

Hi, I want to ask. I'm not from England my boyfriend too. We have a child of 7 weeks. Can I get back with the baby to my country without his consent and authorization.
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
I understand that you are from Bulgaria, but are you living in England?
Also, where was your baby born and is your boyfriend registered on the birth certificate as the father?
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I have been a Family lawyer for more than 30 years.I am afraid that if the father is named on the birth certificate then you will either the father's permission or an Order from the Court to remove the chid from the united Kingdom.If the father is NOT named then you may do so UNLESS the father applies to the Court for an Order preventing you from doing so.Please ask if you need further detailsClare
Customer: replied 2 years ago.
Yes is fathers name on certificate. But we did not send for a apostille and we still nor register in embassy in London. Can i change the name on certificate without him. We are not married
Expert:  Clare replied 2 years ago.
I am afraid that in the Uk there is no requirement for an Apostille or for Registration at the Embassy.The fact that his name is ***** ***** the certificate means that you cannot remove it unless you have DNA evidence that he is not the father and that you need either his agreement or a court order to take the child back to your home country
Customer: replied 2 years ago.
I took it easy injunction? Or is difficult
Expert:  Clare replied 2 years ago.
It is not an injunction.Are you wishing to return home for good?
Customer: replied 2 years ago.
and is there any possibility to take my child and parental rights. or those rights belong to me like his mother
Expert:  Clare replied 2 years ago.
No, no one can remove the child from your care unless they can prove you are a danger to the child
Customer: replied 2 years ago.
My parents were there and I would have helped me all the green of which has need my baby. I don't think I am dangerous :-) but i think if he not agree it will be realy difficult to take the baby in my country :-( thank you very much fot your answers.
Expert:  Clare replied 2 years ago.
Did you wish to go back to Bulgaria for good?Were does your boyfriend come from?
Customer: replied 2 years ago.
My parents were there and I would have helped me all the green of which has need my baby. I don't think I am dangerous :-) but i think if he not agree it will be realy difficult to take the baby in my country :-( thank you very much fot your answers. Same as me...Bulgaria
Expert:  Clare replied 2 years ago.
Just to be sure I understand.You do not wish to go back for a visit - you want to live there again so that you are near your family. Is that right?
Customer: replied 2 years ago.
if we continue to not understand and do not live as we should like to go. otherwise if not fade problems between us i think it will be better for me and my baby. I don't want any stress around her.
Customer: replied 2 years ago.
sorry for not very correct my spelling
Expert:  Clare replied 2 years ago.
Given that you would be taking the baby back to a country where BOTH of you come from so that you can be bear your parents, and your ex can travel there whenever he wants, then there is an excellent chance that the Court WOULD allow you to return home with the baby of that is what you wish to do.
Customer: replied 2 years ago.
Is a long process, if it comes to court?
Expert:  Clare replied 2 years ago.
It will take a few months - but first you will try and discuss matters with him using Family mediationwww.familymediationhelpline.co.uk