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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33524
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Firs of all, Thank You for your answer in advance. I am

Resolved Question:

Firs of all, Thank You for your answer in advance.

I am seeking advise on prompt event.

I have been together with my partner for 4 years. She has a child from her previous relationship. She has been arrested 3 times attacking me. (Only once the police had enough evidence to charge her, however the judge has released her saying he cannot be 100% she has attacked me or she was self-defending herself, even thought only I had injuries.)
However, for unreasonable behaviour have got back with her, and social service has not managed to take her to psychologist. So this time she was very aggressively shouting and when i pointed out it turned into big fight, especial after i had told her i don't want to live with her due to her volatile behaviour. She has said, if i don't continue help her around the children, i am better to take my daughter because she will not quit her job for her. I have record almost everything on my phone (voice) what happened in the house she has scratched me and throw downstairs the printer. However, After she calm down, I have managed to pack my baby and my stuff and leave. So my question 1. I am planning to take my baby to my parents who are living in Hungary, due to it is easier better for me to bring her up (She is British). And i am planning to attain the main custody of my daughter. Tomorrow I contact to my lawyer to start that process. So Could i take my baby out of Britain while we sort this out? This time I have not reported her behaviour to the police because they would contact to social service and my step son would end up in care, however could My lawyer later on use these materials text messages and voice recordings to prove she is violent and aggressive so that is the reason why i would like to care for my daughter? Should I contact the police and report the event. If i would do the social service will take my stepson away from her? Or just simply the evidences what i have would be enough on court without reporting it to the judge? ( My daughter has my family name and I am on her birth certificate, I have called a police and they confirmed as I am her dad they will not get involved.)89585
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
is she likely to want the baby returned to her?
How old are the children and what involvement have Social Services had to date?
Clare
Customer: replied 2 years ago.

I have recorded she said sge doesnt want her. However since she changed again her mind and she wants her back. The social service were monitoring the children and they srrongly suggested her to see psychologist due to here past and angry issues. My daughter 22 months and my step son 9 years old.

Customer: replied 2 years ago.
Relist: Other.
No answer
Expert:  Clare replied 2 years ago.
Hi
You cannot remove the child from the UK without the permission of the mother or an Order from the Court
I am afraid that whatever she said at the time of the argument it will not be relevant to the issue - so you
need to make an urgent application to the court for a Residence Order.
the previous involvement of the Police and Social Services make it very likely that you will be successful - but you may have to plan to remain in the UK with the child to allow for ongoing contact
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

We supposed to go on holiday with my daughter this week. However i don't plan to keep my daughter, away, out of UK. However while the lawyer is launching the case, in the main time I am planning to get a new home, and set up the environment for us. i would like her to have contact with the mother but I do not think she fits to bring her up (behaviour) or she has complained to bring up both by herself.

Customer: replied 2 years ago.

Sorry, Also according to the police i have parental responsibility as a father, so I can go on holiday with the child any time.

Expert:  Clare replied 2 years ago.
Hi
I am afraid the policeman you spoke to is wrong.
You do indeed have Parental Responsibility but neither you nor your ex are entitled to remove the child from the Uk without the agreement of the other parent or the court
If you do so it will reflect badly on your application for Residence which otherwise has a very good chance of success
Clare
Customer: replied 2 years ago.

So you are suggesting to remain in the UK, while the residence application is on? However the child can stay with me, while the court is deciding? If the residence application is successful, does she I need to apply for further order to be able to leave UK with my daughter?


Thank you

Customer: replied 2 years ago.

Relist: Other. I had further questions. No reply within 15 minutes and I need prompt answer because of the situation.

 

Further Questions:

 

So you are suggesting to remain in the UK, while the residence application is on? However the child can stay with me, while the court is deciding? Or I am right now a kidnapper by English Law? If the residence application is successful, does she or do I need to apply for further order to be able to leave UK with my daughter?

 

Thank you

Expert:  Clare replied 2 years ago.
Hi
You cannot leave the UK with the child without the agreement of your ex or an Oder from the Court
You have Parental Responsibility do have the right to have the child in your Care but it would be wise to make an immediate application to the court for an Interim Residence Order to ensure that your ex does not recover the child into her care
If you have a Residence Order then you can take the child abroad for up to 28 days at a time - but you will still need the permission of the court of you wish her to live in Hungary permanently
Clare
Customer: replied 2 years ago.

So right now having the baby with me does make me a kidnapper, could I get into trouble for this? Also, if i do not have right now permanent place i could still attain interim residence?

Expert:  Clare replied 2 years ago.
Hi
No it does not - you have Parental Responsibility and you are entitled to have your child in your care
If you took the child to Hungary then technically THAT would be child abduction but whilst you are in the UK it is not
Provided your temporary living arrangements are suitable then this should not stop you getting an Interim Residence Order
Clare
Customer: replied 2 years ago.

Sorry what the temporary living arrangement requirements are? Example: Could I stay with my sister who has family (Husband 2 boys 2.5 and 1 years old in a 3 bedroom house?) or if I stay in a hotel? Thank You for your prompt answers.

Customer: replied 2 years ago.
Relist: Other.
no later respond
Expert:  Clare replied 2 years ago.
Hi
It is impossible to give detailed guidance as it depends on many factors - but staying with your sister would be a better option in the medium term while you are looking for somewhere to rent
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33524
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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