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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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I need some expert advice on legal matters regarding

Customer Question

Hi,
I need some expert advice on legal matters regarding parenthood.
I have a 5 month old son that lives with me in Spain and his dad, who lives in England,
has asked me if he could have him in July as he is off work and I will be working. I have no objection to that as I know he is a good father but should I ask him to sign a contract in which he states that he will bring our son back to Spain as arranged on 5th August?
Although we were never married, we separated on good terms and I trust him. But my family and friends have adviced me to contact a legal expert to be on the safe side.
By the way, it might be key to know that our son was born in Barcelona and lives with me in Spain. Therefore he holds a Spanish passaport.
My son's dad is a good dad and I would never prevent him from seeing our son but the fact that I am agreeing to let him have Alex for a month could that go against me? Can my ex then say he is not taking him back? If so, what actions should I take?
As I said I trust my son's dad but my family and friends have asked me to seek legal advice, so I have done.
By the way, I am supposed to take my son to his dad in the UK next Saturday.
I look forward to hearing from you ASAP!
Thank you very much in advance.
Kind regards,
Cristina Miller
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Please do not worry.
If your ex should try and retain the child in the UK you can ask the Uk courts to order the return of the child to Spain - and it WOULD be ordered as the child resides in Spain and it is the Spanish Courts that will decide who the child lives with and where.
There is no need to take any extreme action.
Simply text or email confirming the return arrangements so that it is clear that you never agreed to more than a month!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare!
Thank you for your E-mail. I hope I do not need to contact the UK Court but in case I had to, could you please provide me the contact details, please? I would like to have all the info that is needed to be on the safe side. My ex lives in Oxford. Should I contact the local Oxford Court?
Thank you once again.
Cristina Miller
Expert:  Clare replied 2 years ago.
Hi
No need.
In the event that there is a problem contact this charity
www.reunite.org
and they will help you through the process
Clare