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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: German Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to get sole custody for my 1 year old daughter

Customer Question

I want to get sole custody for my 1 year old daughter
Submitted: 3 years ago.
Category: German Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 3 years ago.
My daughter and I lived in the uk together with her father! Now back in January he decided to go back to the states as we weren't getting on too well, without his daughter or any intention if trying to be able to take her! This left me with no other option but to go back to Germany (I am German) to get my family for at least a little bit of support! Now he doesn't pay any child support or anything he skypes her! Of course she would not know that it is him on the computer screen! And he still tries to make my life a living hell! I called the police for domestic abuse before(him physically abusing me) and now he wishes me dead and worse! Because apparently I took his child away from him! Now he smokes and has ADHD which explains his bad decision making! I want my child to know who is father is, but I have nightmares at night even though he is so far away! I know in Germany I am safe and he can't just take her and run when he comes to visit, but if I would go to America or the uk to visit I want to be SAFE knowing that I can leave the country again with my DAUGHTER! Money if it is expensive is an issue but I want to be on the safe side
Expert:  Stuart J replied 3 years ago.

So what do you want to do? Stay in UK or go to Germany?

 

Customer: replied 3 years ago.
I am in Germany now but as my daughter is British and born in the uk, it is hard to file anything over here!
Expert:  Stuart J replied 3 years ago.




This international element is outside my spear of expertise so I
am going to opt out of this for another expert to consider. Please do not reply
or it comes back into my inbox. Another expert will pick it up at some stage.
It is now open to all experts.



Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
How long have you been living back in Germany?
Claire
Customer: replied 3 years ago.
Since February
Expert:  Clare replied 3 years ago.
Hi
Are you aiming to travel in the immediately foreseeable future?
Claire
Customer: replied 3 years ago.
No i am not still would like to know what I can so about the whole situation
Expert:  Clare replied 3 years ago.
Hi
In that case might I suggest that you wait until you have lived in Germany for at least six months (a year would be better) and then apply for the German equivalent of a Residence Order - which will then mean that you can travel freely without worry
I hope that is of assistance - please ask if you need further information
Claire

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