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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2324
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter came back from America on wednesday with her 12

Resolved Question:

my daughter came back from America on wednesday with her 12 month old son. Her marriage has broken down and her husband was very verbal abusive to her in front of the son. She felt she had no other option but to bring him back to the UK without his fathers permission. She had her son in the UK and had only been back in the states for 10 weeks before leaving again.She knows her actions are classed as child abduction and needs to know what to do now to get residency for her soon over here
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

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?

Customer: replied 6 months ago.
she is back in the UK for good
She has a job, somewhere to live and childcare set up. Her husband wants his son back. He has no job, keeps a firearm where his son can get to it and never did anything towards his sons keep
Expert:  Harris replied 6 months ago.

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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2324
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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