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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35067
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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, I would like to have your advice regarding the British

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I would like to have your advice regarding the British law when it comes to parental rights towards their children.
I have a 2 month old son that was born in Barcelona from a British father. Until i was 7,5 months pregnant the father of my son and I were living together in England but I decided to go back to Spain to have my baby. Now the father wants us to go back to England but I am afraid that once there he will want to keep my baby. Can he do that? What does the British law have to say regarding this? I hold both a Spanish and British passport but my son only has a Spanish passport so far. Will this give me an advantage?
I would really like our relationship to work and be a family but I also need where I stand if things don't go as planned. If things get nasty, will I be able to go back to Spain with my baby? By the way, my son's father and I are not married but the baby has his surname.
I would really appreciate your help and advice.
Thank you ever so much!
Please email me at: *****@******.***
Thank you for your question.
My name is ***** ***** I will do my best to help you
If you and the baby live in the UK for more than six months then if things do go wrong and you wish to return to Spain you will need either the agreement of the father or an Order from the Court in order to do so.
If it is clear that you are moving back home then it is likely that the court would agree - but you would need to make the application.
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you ever so much Clare! You have been very helpful.
Is there anything else I should know regarding the British law concerning my personal case? Currently I do not have a job to go to if I go back to England. Could the father claim the full custody of our son if I do not have a job? As you can see I am very concerned and worried.
Please do not worry.
The fact that you do not have a job would not be relevant to the court - what is most important is that you have been the main carer of the child and they will not disrupt that.
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