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Ask Clare Your Own Question
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 and her partner are currently in dispute about

Customer Question

My daughter and her partner are currently in dispute about whether he can take their 18 month son to Northern Ireland for an indeterminate period.My daughter opposes the trip but where does she stand legally?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Why does he wish to take the child there?
Customer: replied 2 years ago.
To visit family but we suspect that he may not return and keep the child in Northern Ireland .
Expert:  Clare replied 2 years ago.
How long does he actually say he wishes to go for?
Can your daughter go with him?
Customer: replied 2 years ago.
No she is unable to go with him and it could be for a few days or indefinitely.
Expert:  Clare replied 2 years ago.
The father needs either your daughters consent or an order from the court to take the child to Northern Ireland - and your daughter can apply to the court for a Prohibited Steps Order to prevent the journey
However wanting to take the baby to visit his family is not Unreasonable - and if he did fail to return then your daughter could make an immediate application which would force the return of the baby to the UK.
However there needs to be some discussion between them - either using Relationship Counselling if they will stay together - or Family mediation if not.
I hope that this is of assistance - please ask if you need further details