How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

Myself and my partner are seperating and our child is 4

Customer Question

Hi there,
myself and my partner are seperating and our child is 4 months old, currently only myself (the mother) has parental responsibility. I wanted to find out what his chances are of getting shared custody? The child is born in Austria and is an Austrian citizen but we normally live in the UK, but we have our main residency in Austria.
Thanks
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
He works as a model and has no fixed income, he is in psychological care and has been abusive over the past 2 years as well as threatened comitting suicide. How long does the process take of him getting parental responsibility. He also mentioned to put an injuction on me leaving the UK, is that even possible if he doesnt have parental responsibility?
Customer: replied 2 months ago.
He is not listed on the birth certificate because he did not have the right documents with him at time of registration.
Customer: replied 2 months ago.
he has not paid rent in 2 months, has not paid for anything for the child and I was always the main carer and I am still breast feeding the child is definately more attached to me and it would be not good for my daughter if we would have shared custody and she would have to stay over at his place. Also to mention he had a very disturbing past being part of Jehovas Witnesses
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How old is the child?

-Are/were you married to the father?

-Do you consider the UK as your main residence?

Customer: replied 2 months ago.
No I am Austrian and he is Australian
The child is 4 months old
No we were never married
Yes I consider uk as my main residenceThank you
Customer: replied 2 months ago.
Sorry I just re read the question I am currently in Austria with my parents
Expert:  Harris replied 2 months ago.

Legally, he would have been able to apply for a prohibited steps order to prevent you leaving as he is the father of the child - he does not necessarily require parental responsibility for this and just needs to demonstrate there is a relationship between them and a threat of you leaving. Given that you have now left, and if there is no plan for you to return to the UK, he is entitled to apply to the International Child Abduction and Contact Unit, either to return the child to the UK or to have contact.

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

Customer: replied 2 months ago.
But he currently has no parental responsibility so how can he prove she is even his daughter I don't think it's right what you just said as he could just pick any randomness child?
Expert:  Harris replied 2 months ago.

He will initially need to apply for permission from the court to seek an application and demonstrate his relationship with his daughter - this can be in the form of a statement, together with exhibits such as photographs or correspondence between you regarding her. Once permission is granted he can proceed with the prohibited steps order application.

Customer: replied 2 months ago.
How long does that usually take and what does the court take into consideration? I never said I would not be returning I just said I would return when he moves out. Does he have automatically rights to see his daughter even if he has no parental responsibility?
Customer: replied 2 months ago.
What would you advice of doing her now? I don't want to stuck in the uk and he can rule when I am allowed to leave?
Customer: replied 2 months ago.
How likely is in the uk to have shared custody - I mean if two parties can't agree one normally has custody and the other visiting rights?
Expert:  Harris replied 2 months ago.

In relation to rights - he has no automatic rights, but your child has a right to a relationship with him and this can only be reasonably be restricted if there are welfare or child protection concerns when she is with him or in his care. By you leaving the UK you have prevented the child from having contact and the court will consider this when deciding what order, if any, should be made.

Shared custody is usually when both parents are able to provide the child with day to day care needs equally and it is in the best interest of the child for this to happen - otherwise, yes one parent will be considered the main carer whilst the other will have contact arrangements.

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

Expert:  Harris replied 2 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)