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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter is living in Poland with her mother has been for

Resolved Question:

My daughter is living in Poland with her mother has been for a couple of years, but my daughter was born in Britain, I am the father named on birth certificate. Do I have the right to bring her back to England without mothers consent under law.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I cannot advise you in respect of the Law in Poland but I can advise you in respect of the English Courts.
I do not advise you to take your daughter from Poland to the UK without the mothers permission.
If you were to take such action the mother is likely to seek an order through the polish courts that your daughter be returned to her.
If you were to issue any application in the English court in respect of your daughter living with you here - the English court is likely to consider that it does not have jurisdiction to deal with such an issue as your daughter is habitually resident with her mother in Poland.
The English courts and enforcement will assist the mother with the return of your daughter to her care pursuant to any order of the Polish courts that she obtains. The English courts are obligied to do this under the Hague convention.
You must also note that taking such action could lead to you being charged with child abduction. If you were convicted you could be sent to prison for up to 7 years.
Whilst I appreciate that this is not what you want to hear - I have to be honest with you.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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