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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My 14 year old daughter is a British citizen living in UK with

Customer Question

My 14 year old daughter is a British citizen living in UK with me, her mother, since birth. I am also a British citizen. I am divorced from her father who now has Australian citizenship and has only visited her in the UK 3 times since the age of 5/6 when he went to live there. In the event of my death will she be able to choose who she lives with? Her preference is to live with my sister (who is in agreement) but she is concerned that her father may insist she moves to Australia. What are her legal rights in this situation or what can I do to protect here preference?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Were you married to the father at the time of your child's birth?
Customer: replied 1 year ago.
Yes we were married before I became pregnant.
Customer: replied 1 year ago.
Yes
Expert:  Harris replied 1 year ago.
Thank you for confirming. As you were married at time of birth, he will also have parental responsibility. Upon your death, if she remains a minor (under 16 years old), then the father will be the only person with parental responsibility and therefore has the power to decide with who she lives. If your sister is involved in her life and is in agreement with your daughter living with her, then she can apply for a parental responsibility order and a child arrangement order (for residence) after your death in order for your daughter to be placed with her.The court will consider what is in your daughter's best interests when deciding whether to grant the orders or not.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.