Hi, thank you for your question. Just a bit more information required to fully assist you:
-Has she permanently relocated to England?
-What is the father's position - does he seek a return of the child to his care?
-What are the mother's circumstances in England - ie. can she provide suitable accommodation and day to day care and financial needs to the child and herself?
As she is now in the England she should consider applying to court for a child arrangement order using form c100 and a £215 court fee to her local family court. The father will need to be served with this application and be involved in the proceedings and it will be for the court to decide whether to make an order, having taken into account all the facts.
For your information the Court will take into consideration the following when making a decision regarding the application:1. The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsI 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