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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'd like to ask about divorce matter, please. my husband is

Resolved Question:

hi, I'd like to ask about divorce matter, please. I am Polish, my husband is British. We got married in London 12 years ago. We have a daughter 8 years old. She was born in Poland and has got just Polish citizenship as well as me. I do work in Poland as a professor at University. Is it possible, that my husband van keep our child here in London? Kasia
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also I have my own flat in Poland. After divorce I would like to get back to Poland where I have respectful and not bad payed work and home and plenty of free time , as a professor my full time job requires just some hours a week.
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Have you discussed these proposed arrangements for your daughtwith your husband?

Customer: replied 1 year ago.
we both love her and she loves us, but he told me to move away (na affairs or anything like that - because my profession- I am convinced he has Asperger Syndrom, but unproved) and maybe I will get a council flat ..... and he will stay with the daughter,who I could visit. I do have my University great job and flat in Poland, child and me we have only Polish citizenship never claim for Britis; if I get divirse - I will move to Poland , as I don't want any benefits ... and I will take our child with me. The question: does he have rights to keep our child in the UK?
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you will both have parental responsibility his consent must be sought before you move to Poland. If he does not agree to the move then you would need to make an application to court under form C100 and a £215 court fee to your local family court to decide whether your daughter should move with you to Poland. Prior to this, if no agreement is reached directly with him you will need to make a referral to an independent family mediator to attempt to settle the matter before being able to proceed to court - you can find local mediators here: familymediationcouncil.org.uk. There will be a variety of factors that the court considers, such as her stability in the UK. her relationship with both of you, any extended family in the UK and Poland and how her quality of life will be. The court will also take into account the following criteria when making a decision:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
thank you for all your answers.
It looks like he will not give up and I dont want to serve to my daughter all this. where he can be selfish and not wanting to live normal live, but certainly I can give her better and safer live in Poland with my position. he will never agree for letting me taking her to poland. nightmare and painful. thank you agai, and then a can ot pay any futher, kasia
Expert:  Harris replied 1 year ago.

No worries, if you change your position or have any questions in the future you can ask for me directly by starting your question For Harris. In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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