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