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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1099
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a 6 year old daughter and I am separated with the

Customer Question

Hi,
I have a 6 year old daughter and I am separated with the mother not married but I have parental right as my name is ***** ***** certificate and our daughter stays at her mother as much as mine, my parents pick her and drop her from school or looked after her since she was 6 mo9thns old as we were at work, our relationship broke down, the mother is from Londonderry ( Northern Ireland) moved to Luton 22 years ago and now she is planning to move back however I do not agree for my daughter to move to different country even though is part of the UK. Can this be prevent it so she won't be able to move with my daughter? kind regards ***** *****
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when is the mother planning on moving?

- has your daughter always lived in England?

kind regards

Caroline

Customer: replied 1 month ago.
She hasn't told me but she been talking to people that we both know and she isn't planning a telling me.Yes my daughter always lived in the UK, since 6 months my parents looked after her, and My daughter has been staying at my house since a baby out of 30 days of month Elianna sleeps at mine 15 and during the week she is not on my house on Fridays as her mother picks her up as it's her day, basically My permanent day's are Tuesday, Wednesday, Sunday and every other Saturday but we pick her up from school every day expect fridays.
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

Please do accept my apologies for my delay in responding to you today.

You hold parental responsibility for your daughter and therefore the mother simply is not able to take your daughter out of the jurisdcition 0f England and Wales without your permission or a court order if you do not provide permission.

If the mother was to do this then she could be charged with child abduction. If found guilty the mother could be sent to prision for up to 5 years. The law takes such matters very seriously.

I am concerned to note that you do not know when then intended move is. If you think the move is imminent then you need to be appplying to your local family court urgently for a Prohibited Steps Order.

You do this by completing this form:

https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

If the matter is urgent call the court and tell them so. If you think that making the mother aware of your intention to apply for an order would mean that she would seek to leave quickly then you can ask the court to be heard in the first instance without notice to the mother.

There is a court fee of £215 but you may be eligible for a remission dependant on your circumstances.

Normally you are suppose to attend at medaiton before you can apply to court in children cases but in your circumstances whereby you do not know when the mother intends to leave and you believe that tipping her off my make her go sooner then you can seek an exemption on the form.

It may be when you apply to the court that the mother then makes a formal application to leave the jurisdiciton with your daughter. Please note that given the reent case law and the amount of care that you provide to your daughter then this would not be an easy application for the mother to make.

Let me know if I can help you further

Kind regards

Caroline

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ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much for the information and the advice.
Expert:  ukfamilysolicitor replied 1 month ago.

Glad I could help. Please do not hesitate to ask if I can assist further

kind regards

Caroline