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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
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 Wife and myself are on verge of deciding to go ahead with

Customer Question

Hello , My Wife and myself are on verge of deciding to go ahead with separation but there is a confusion about my daughter who is 3 year old ( she goes to a private nursery).
MY wife is threatening me that she will take my daughter to INDIA after divorce and i may not able to meet her again. i want Divorce but want to keep here in UK- We are British citizens since 2016.
She has already done this once back in July 2017 when she wen to India did not come back until i made all my efforts with her to come back. ( I was blackmailed to agree her terms or she will keep my daughter away from me)
I have been told that if i take divorce now then she can easily take her to Indian but once she starts going to school when she will be 5 years old it will be difficult for her to move to India. is that correct?? does it make sense for me to wait another 2 year to make my daughter not to move out of England. I am under constant pressure from my wife and her family to obey her or else they will take her awayFYI - We went back to India for my daughter delivery and came back in 4 months. so she had a Indian birth certificate.
we are British citizens since 2016 and before that we were on Tier 1 general visa and then ILR. ( both my self and my wife are from Delhi)
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
Will it be difficult for my wife to take my daughter to away from UK if my Daughter starts her schooling in UK? My main concern is if it does not matter now or after 2 years - she can take her away - then i may go ahead and file for separation now..
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

In fact neither of you has the right to remove the child form the Uk without the permission of the other or an order of the court - whether the child is at school or not.

If you believe that there is a risk that he will do so then you can apply to the court for a Prohibited Steps Order preventing her from removing the child from the UK

I hope that this is of assistance - please ask if you need further details

Customer: replied 4 months ago.
Thank you Clare for the response. Issue is that she is going to travel to India early next to attend a marriage . There are chances she won’t come back with my daughter. What are my legal rights I can take then. She has cleared me that in case we divorce she will not stay in uk- eventually she will seek uk law to grant her to take my daughter to India. I will be in a very bad position then as nothing can be done from here .
Some other solicitor told me that my wife can do a False case in India based on our marriage and baby was born in India is that true? Does Indian legal system still hold influence in us as we are now uk citizens ?
Lastly if I file for divorce in uk - normally who gets he custody of the child . What are my rights as a father.
Expert:  Clare replied 4 months ago.

Do you wish to agree to the trip to India?

Customer: replied 4 months ago.
IF she is going to bring my daughter back then I have no issues but in case she plays a game and stay there then I will Be in a deep trouble .
Expert:  Clare replied 4 months ago.

Are you willing to risk it - if not then you can apply to the court for the order to prevent it