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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1186
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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The mother of my daughter has just informed me that she

Resolved Question:

The mother of my daughter has just informed me that she wants to move to America next year to get married to a man she met through online gaming a has just seen once for a 2 week period. My daughter is 5 years old and lived with me and her mother until we separated 18 months ago. we now share parenting and I have my daughter nearly every weekend, holidays and frequently in the week. how do I go about stopping this?
Submitted: 2 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- do you hold parental responsibility for your daughter?

kind regards

Caroline

Customer: replied 2 months ago.
Customer: replied 2 months ago.
I do I'm named on her birth certificate
Customer: replied 2 months ago.
I'm very worried that she may just take her to America anyway without my consent. I'm also extremely disturbed that she will do this to sparently get married to someone she meet through on line gaming and has only met in person once. My daughter has never met the man. I have a very strong relationship with my daughter and know she will not want to leave me. I'm also very worried about her safety
Expert:  ukfamilysolicitor replied 2 months ago.

Hello

Thank you for your responses.

As you hold parental responsibility for your daughter, the mother simply is not able to take your daughter out of the jurisdcition of 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 prison for up to 5 years. The law takes such matters very seriously.

If the mother will not listen to you when you tell her that you do not provide your consent then you need to consider applying to your local family court urgently for a Prohibited Steps Order to prevent the mother from taking your daughter.

In the first instance you need to refer to family mediation before you can apply to court. This is a prerequiste before you can apply to court if the matter is not currently urgent. Family mediation will try and help you both agree a way forward.

If mediation is unsuccessful then the mediator will sign the form that you need to apply to court.

This is the form:

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

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

If the matter becomes urgent call the court and tell them so. If you think that the mother having become aware of your intention to apply for an order starts to make attempts to move then you can by pass mediation and go to court immediatlely. You can even ask for a hearing without her being notified in the first instance.

Normally you are suppose to attend at medaiton before you can apply to court in children cases but in 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 recent 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. Your concerns in respect of the mothers choice to move seem justified to me and the court will take this serioulsy when deciding if a move is in your daughters best interests.

Let me know if I can help you further

Kind regards

Caroline

Positive feedback is gratefully received. You leave feedbakc by clicking on the stars. Once you leave positive feedback your question remains open and I can answer your follow up questions for free for you.

Customer: replied 2 months ago.
Thank you very much for clarifying things for me Caroline. I'm terrified that she will just take her. I will try to speak to her first and suggest mediation but I'm also afraid this will spur her to just take her. Am I allow to get my daughters passport put on hold while we while we undergo mediation.Thank you again
Expert:  ukfamilysolicitor replied 2 months ago.

Glad I could help. You can try and speak with the passport office but I have had people tell me that because only the mother is required then they havent received much help from them. As it stands at the moment you are seeing your daughter a lot which is useful - if you get the impression that mother is planning to go (such as your daughter says something, the house is being emptied etc etc) then go straight to court at that point to get the prohibited steps order.

If you are happy with the service please kindly click on the stars :)

kind regards

Caroline

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