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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is separated from her partner(not married) and

Resolved Question:

My daughter is separated from her partner(not married) and they have an 18 month old daughter. The father sees his daughter on a weekly basis e.g. Saturday day, overnight then my grandaughter returns home Sunday mid afternoon. The father is stating that he wants to take his daughter abroad but my daughter is completely against this and will not sign any document that provides her authorization for this too happen. Can you just confirm that even if he completes a passport form and is in receipt of a birth certificate that this enables him to take my grandaughter out of the country? Many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Where doe she wish to take her and for how long?

Customer: replied 1 year ago.
It's the father that wishes to take my grandaughter to America for at least 2 weeks.
Expert:  Clare replied 1 year ago.

When?

Customer: replied 1 year ago.
He hasn't given a suggested date yet but he is being verbally aggressive with my daughter because she is refusing to sign any document.
Expert:  Clare replied 1 year ago.

Is he named on the birth certificate/

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

In fact neither of them can take the child out of the country without the agreement of the other party or an order from the Court

Given the age of the child and the fact that he has her just one night a week there is no basis on which her ex could obtain a Court Order for a holiday such as this in the next couple of years.

If she fears that he will still try and take her pit of the country then she can apply for a Prohibited Steps Order to prevent him.

IN any event the best option is to try and discuss matters with him and agree a Parenting Plan using Family Mediation

www.familymediationhelpline.co.uk

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you very much for clarifying the matter - it's always good to know the legal aspect.
Expert:  Clare replied 1 year ago.

You are most welcome

Clare and other Law Specialists are ready to help you