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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex partner and I split up in Nov 2013 and I have moved out

Resolved Question:

My ex partner and I split up in Nov 2013 and I have moved out of the joint house with our daughter in Nev 2014. My ex partner told me last week that he wants to take our daughter holiday to the USA. He has a new partner there, which was one of the reasons to move out. He is currently also looking opportunities. I don't want to agree to my daughter being taken to the USA as I fear that - if he gets a job offer - he will not return her from this holiday.
Before I moved out of the joint home in Nov 2014 I had organised and my daughter to go skiing with our German language school to Switzerland (organised almost a year ago from now). My now ex-partner was aware of this as I talked to him about it. Can he prevent my daughter and me from going to Switzerland or can he demand that we can only go to Switzerland if he can take her to the USA.
In 2014 he has taken her before to European countries on holidays (Portugal. France) and I have taken her to Germany (to see her German Family as I am German).
Any advice is sincerely ***** ***** Schock
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you but I need some further information first.
Are you married and how old is your daughter?
Clare
Customer: replied 2 years ago.

Dear Claire, sorry delay.

My ex partner and I were together 10 years but we were not married. Our daughter was born on the 1st August 2007 (that makes her 7 and a half now).

Thank you help.

Bettina

Expert:  Clare replied 2 years ago.

Just to check - he is name don her birth certificate?
Clare
Customer: replied 2 years ago.

Yes, he is the named father on the birth certificate. BW Bettina

Expert:  Clare replied 2 years ago.

In fact each of you needs the Consent of the other to take the child outside of England and Wales - even holiday.
Accordingly if you object to him taking her on holiday to America then he is likely to object to the visit to Switzerland
I do have to say that in fact it is highly unlikely that he would be able to remain in the States - he would need to apply Green Card which takes some time.
In addition the States is a signatory to the Hague Convention on Abducted Children - and in the unlikely event that he did retain the child you would in fact have little difficulty in ensuring the return of the child.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Dear Clare, thank information.

Just because you mentioned "n fact each of you needs the Consent of the other to take the child outside of England and Wales - even holiday" why are Scotland and Northern Ireland not included.

I have over the past 11+ years worked in Northern Ireland,and our daughter was born there. We agreed that I would come to England time of my maternity leave (just 9 months, not 7 years), and I now work part time and commute every week, because my ex-partner did not want to move to NI. Am I now 'stuck in England and Wales' rest of my life? What if my job required me to work more hours in NI? DO I have to give up my work to stay in England (with no job and no other support?). Just a quick opinion on the legal side of this. Not that I would ever leave my daughter.

Thanks,

Bettina

Expert:  Clare replied 2 years ago.

Because Northern Ireland and Scotland have different legal Jurisdictions and technically permission is needed to take the child out of the legal jurisdiction of the courts.
Provided you can maintain contact it is likely that the court would give permission move to Northern Ireland
Clare
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