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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Married to an African who... married to an African who

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I am Romanian married to an African who...
I am Romanian married to an African who secured his spousal visa to an eu citizen.We have a daughter who is Romanian. We currently love in the UK but I want to return to my country with my daughter but my husband wants to stay in the UK.Is it illegal to return to my country with my daughter? My husband is still on the ... view full
13/08/2017 06:04I always wanted to return home but my husband keeps threatening me about child abduction.He is having an affair and justa wants to secure his immigration before I leave but I have no family or support in the UK and he is refusing to move to my country:How can I return to Romania with my daughter Without breaking the law. My daughter is a Romanian citizen and not a British citizen and she is 3 years old.
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Unfortunately, as you are married the father (your husband) has parental responsibility and you legally need his consent to take her back to Romania. If he refuses after asking, you would need to initially make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to the main carer's local family court for a specific issue order and the court can make a decision regarding the matter. 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: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 3 months ago.
Is this the case even though the fathers stay in the uk is dependent on my EU status and the child is Romanian not British
Expert:  Harris replied 3 months ago.

Yes, that makes no difference - as you are all in England, English laws apply

Customer: replied 3 months ago.
Okay. Thank you
Expert:  Harris replied 3 months ago.

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
In the meantime if you found my information provided helpful please could provide a positive rating using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Clare replied 3 months ago.

My name is ***** ***** this is in addition to and not instead of the above.

Where a child wishes to permanently remove a child from the UK then whilst the basic factors are as set out by my colleague there are others that also apply

Summarised they are

i. Is the Mother’s application genuine and is it realistic?

ii. Is the Father’s opposition motivated by genuine concern for the future of the child’s welfare or by an ulterior motive? What would be the impact on their future relationship if the application was granted and would this be offset by the benefits of granting the application?

iii. What would be the impact on the Mother of the refusal of a realistic application by her?

However the matter has to be looked at as a whole - and you would need to prepare a dossier showing where the child will live , go to school etc - and what steps you will take to promote contact

More details here

http://www.pumpcourtchambers.com/blog/article-re-f-child-international-relocation-cases-2015-ewca-civ-882

Expert:  Harris replied 3 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. You will not be charged for providing a rating.