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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter left for Spain with her son. The Father is not

Customer Question

My daughter left for Spain with her son. The Father is not on the birth certificate. He went for parental rights today which will be heard in 6 weeks, The judge said my Grandson can not leave the Country without permission from the Court but she has already gone. What will happen. She has moved to Spain as her older Sister and husband work and she is going to be a Full time Nanny to her nieces and her Son will go to school over there. Pls help
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much notice did she give the father?
How old is the child?
Customer: replied 3 years ago.

My daughter that lives in Spain originally ask her sister to come out on the 14th July with her Son for a 10 day holiday.At the same time returning my daughter to girls back to Spain as they are over here on holiday. That was on the 8th June. Then my daughters husband in Spain got a full time job as an underwriter in an Insurance Co. My daughter also works so rather than have a Nanny from over there asked my daughter here to do it. Which she thought would be a great oppotunity for her and her Son. So she told the Father about the 10th June.She said he could have is Son in all the School holidays. He then text and said he was going for Parental Rights. We received some paper work from him not from the Court and it was not recorded delivery. He diliberatley missed out his Position Statement which we went and got from Courts. He has painted such a bad picture of my daughter and told so many lies. So as far as we were concerned we did not receive the forms and they were not sent where a signature was required so she went to Spain on the 2nd July. What we need to know is does she have to come back. Or what will he have to do to get her back.She has a job somewhere to live and is going to registra her Son in School with his 2 Cousins.

Expert:  Clare replied 3 years ago.
Were the documents she received sealed by the court?
Did you collect the position statement before she left?
Customer: replied 3 years ago.

Do you mean did they have a Court seal on. If yes yes they did but were sent by the Father. Yes we did collect position statement before she left. Also my Grandson's date of birth is 15/8/04


Expert:  Clare replied 3 years ago.
Then I am afraid that she is clearly in breach of the court order and I strongly suggest that she returns at the end of a two week "holiday"
This will avoid the uncomfortable position of her facing Court proceedings forcing her and the child to return to the UK - and running the risk of being arrested for Child Abduction
I am sorry but the papers were properly served on her - they are sent by the other party not the court and are valid as soon as they are served
The position can be recovered if she simply returns after her "holiday"
Once she is back she should make a formal application to the court for permission to remove the child to Spain permanently
Please ask if you need further details