Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Which country has the father moved to and is he named on the birth certificate?
Thank you. Firstly, your child has a right to a relationship with both of you which can only be reasonably restricted if there are child protection concerns or if it is in his best interests. Given that the father has now moved abroad, and your son's young age and you indicating that the father cannot afford such travel, it would not be reasonable to agree for him to go to Poland to have contact, especially for the extended periods the father is asking for. If no agreement can be reached then the father would need to pursue a court application in England for a child arrangement order and the court can make a decision, but based on your information the arrangements he is seeking are a bit excessive for a small child.
In relation to the father's obligations, he has an obligation to pay child maintenance which will be based on his gross income. Given that he has now moved abroad, if he does not voluntarily provide this then you would be entitled to apply to court for a child maintenance order which can be enforced in Poland.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.,
As the child resides here, and as long as he is habitually resident in England, the English courts will have jurisdiction regarding him so an application to a Polish court will not progress matters for the father.
If he does not maintain contact with the child this will not impact any rights you both have as parents and if he attempts to restart contact in the future then the court will need to ask him to explain why he was absent, but even then this will not necessarily deny him access
As the father is on the birth certificate he has parental responsibility and a right to be consulted regarding major decisions in the child's upbringing such as major medical issues, education decisions, change of name, and leaving the jurisdiction.
In England the way it works is vastly different and there is no set method of how contact should take place between children and parents - it all depends on what is in the child's best interests and if there are any concerns about the parent.