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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1371
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Was wondering what I need in order to be able to go on

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Was wondering what I need in order to be able to go on holidays with my child without needing her dad's permission. The situation is that he has been charged for domestic violence against me (court date soon) and he apparently decided to go live abroad (don't even know if he'll attend court). He's never been involved financially or with anything for that matter (not for the lack of trying on my part before he beat me up) and hasn't gone to court for custody either. However his name is ***** ***** birth certificate, we're not married and my child has his last name. Could you please give some advice on the matter, if I can do anything to either have a paper that allows me to have sole custody and do whatever I want with my child or if he needs to renounce his rights. Anything really as I have no idea what I would need to do.
Thanks in advance
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how old is your child?- when was the birth registered?- are they any current court orders in place? Kind Regards Caroline
Customer: replied 1 year ago.
My child is 9 months old, birth registration was on July 23rd and I'm not sure what you mean by court orders. But at the moment he has conditions not to enter y street nor contact me wither directly or indirectly and depending on the outcome of court (if he attends) for the "assault by beating" I might need a non molestation order. Like I stated before he hasn't consulted a solicitor to have any kind of contact with our daughter.
Customer: replied 1 year ago.
Are you still there?
Hello Please accept my sincere apologies for my delay in responding to you today. I was in a meeting then travelling home. I am so sorry to hear about the difficulties that you are having with the father. Please may I ask another question - when is the holiday planned for? Kind Regards Caroline
Customer: replied 1 year ago.
Haven't planned it yet but it would be for beginning of August for 10-15 days to Italy. I am wondering cause obviously if he leaves the country for good without any attempt to find an arrangement for our daughter it would be tricky for me to have to ask him every time I wanna travel for a written letter etc there are so many paperwork for it as unless he renounces his parental rights he still has some as I understand despite the fact of him not being involved whatsoever. So is there a way to contourn that?
Customer: replied 1 year ago.
Sorry I don't know if I'm clear enough, so feel free to ask me questions if it's unclear. Also, travelling is just one example, I'm sure there are plenty of other things that my daughter having his last name (so a different last name than mine) will make things difficult for me. So I guess I wanna know what would be the best way to proceed in order for it not to be an obstacle in the future, like of there is anything I could ask from a judge granting me total freedom of actions when it comes to her or anything really.
Good Morning Thank you for your response. You are correct that when more then one person holds parental responsibility – that the permission of all people with parental responsibility is required before a child can be taken out of the jurisdiction – even for the purposes of a short holiday. I understand your difficulties in respect of the father and how he may not even be in the country. It does cause you difficulties if you are not aware of his location. I note that you are considering a holiday in a little over 3 months. I understand that the father is also due to attend at court for a criminal matter against you shortly but that you have your doubts he will attend. I also note that you are considering the position in respect of your childs surname and whether or not this can be changed. I can confirm that it is not possible to change your child’s surname without the fathers permission. What you need to do in your circumstances is to make an application to your local family court asking for:{C}1) child arrangement order to confirm that your child lives with you{C}2) leave to temporarily remove your child from the jurisdiction.{C}3) The specific issue of your child’s surname It is normal course that cases have to be referred to mediation before they can go to court – however as your ex has been charged with an offence against you – you can claim an exemption to attend at mediation and you need to complete the relevant section on the form to confirm the current position in respect of his criminal charge against you. The form you need to apply to court is the C100 Form: You send the application to your local family court. The court fee is £215. But dependant on your circumstances you may get a fee reduction / waiver. See this form: This will help you find your local family court You need to detail in your application to the court all the difficulties that have had with the father.In the urgent section you also need to detail that you plan to go on holiday in August 2016 and that you do not know the location of the father to be able to seek his permission. The court will list the case for a hearing. The court can choose to grant you permission in lieu of the father to be able to go abroad – this is know as permission to temporary leave form the jurisdiction. This is however made easier if the court make a child arrangement order – even at the first hearing to confirm that your child lives with you. If the court does make such an order – then at any point in the future – you are able to go abroad with your child without the father permission being required – as long as you return to the UK within one month. Be aware that in respect of a change of surname – it is the position of the courts that children’s surnames should not really be changed – as even though your child may spend no time with his father – the courts still consider that a surname is ***** ***** of a childs heritage. The court can also decide during the course of proceedings whether your son is at risk from the father and whether or not it is safe for your child to spend any time with his father. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
Thanks for your more detailed answer, regarding the change of my daughter's last name could I do it if he renounces his parental rights? As he wouldn't have any say on the matter or at least add mine to it so she'd have a double barrel surname? I'm only asking because it seems that if we share at least partially a last name her and I it wouldn't be such an issue to go on holiday and everything.Also I'm not quite sure I understand the part about only being able to leave the UK for a month maximum, what difference does it make if he doesn't live in the same country as us? Just asking if I want to go travelling for 2 or 3 months at a time in the future.
And would it help in court the fact that he has never paid child support or for anything regarding our daughter? And how can they confirm the child solely lives with me?
Hello thank you for your response. If the father agrees - then you can change the surname of your daughter. This can be completed by deed if he provides his written permission - with out the need for a court order. In respect of the child arrangement order confirming that your daughter lives with you and being able to travel out of the country for up to a month without his permission - this si standard with such an order. If you want to go for longer - then you will need the courts permission - if he wont provide permission and this is the case even if you dont think he is living in the UK. Whilst it shows that there has been a lack of commitment from the father if he hasn't paid any maintenance - it wouldnt be a key consideration for the court. If you have an order to say that your daughter lives with you - then the father cannot try to remove your daughter from your care. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service
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