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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I separated and We have a daughter 1.3 years old

Customer Question

Hi my wife and I separated and We have a daughter 1.3 years old
My wife is making huge dilema for me tô take my daughter alone. I've trying to contact her and not reply.her mother see the messages and don't reply
Apparently she is out of the country for the second time leaving out daughter with her mother. What can i do ?
I want to see my daughter !and I would like to put a stop on her passaporte in case she takes her away as she is brazilain and I am british !
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How long have you been separated and what contact have you had since then?

Customer: replied 2 months ago.
About 1 month since September 1st and only had 3 contacts this past month
Customer: replied 2 months ago.
What I would like to do is to see my daughter alone 1or 2 week and also put a stop in her passaport as I have a concern that she might take my daughter to Brazil.
Expert:  Clare replied 2 months ago.

What restrictions has she placed on contact so far?

Customer: replied 2 months ago.
Well. I am not allowed to see the baby alone neither to show my mother or sister.Also it has been so hard to see with her presence one a week.
Expert:  Clare replied 2 months ago.

Di you have your own place that you can take the child to?

Or somewhere similar?

Customer: replied 2 months ago.
Well I am sleeping a shared room . Will get a flat next month.
Expert:  Clare replied 2 months ago.

What about a family member nearby?

Customer: replied 2 months ago.
I am only one here in UK.
Expert:  Clare replied 2 months ago.

Ok

The Uk law says that children are entitled to contact with both parents and the courts will enforce this if necessary

You should be seeing your child without your ex being present - and if there is nowhere else suitable you could use a local Contact Centre

www.naccc.org.uk

The starting point is to attend a Mediation Information and Assessment meeting - to see if it will be possible to reach an agreement with your ex - if that fails you can apply to the court for a Child Arrangement Order setting out the time that you spend with your daughter

You can also apply to the Court for a Prohibited Steps Order preventing her from removing the child from the UK without your agreement or an Order from the Family court - which she is not allowed to do as you have Parental Responsibility for the child.

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 months ago.
Thanks for the information.Do you have some contacts that I can use to get to see my daughter once or twice a week alone. Can I possibly have a legal letter to show my ex wife ?Also where shall I apply to the passaport stop ? In my daughter ?I think is just not right. Yesterday she contact me about some food for my daughter although I pay £75 pounds weekly she still saying is not enough.I told her not a problem and bought extra £40 pounds worth in food for my baby girl.
I don'5 mind giving the food long as I can see my baby girl alone and spend time with her so she knows who is her father.This is just messing with my head.Thanks for your help.
Expert:  Clare replied 2 months ago.

You must arrange an appointment with a mediator first

You can find one using this website

www.familymediationcouncil.org.uk

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