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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34384
Experience:  Over twenty-five years experience
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Our daughter is expecting her first child, she was seeing

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Hello, Our daughter is expecting her first child, she was seeing the father for 4 months before falling pregnant, since which they have not been in a relationship, he texts her and had attended some scans, but isn’t supporting our daughter in any other way. He is emotionally Abusive via text and has told her he wants nothing to do with her or the child, but then he turns up at hospital for the scan. She lives in the UK and the rest of her family all live in Spain, she would like to live here once the baby is born , as she will have the love and support needed and is also qualified here as a beauty therapist as she has lived and worked here in Spain previously. She has never lived with the father. She has also lent him money several months ago as he got in trouble paying his rent and bills and told her he would be evicted if she didn’t help him, he said he would pay it back but several months later she has not received a penny back from him, and yet he has been to Ibiza on holiday and is now planning a trip to Mexico . He has also told her he has a new partner . We feel he is a conman and isn’t interested in our daughter his unborn child or paying her money back . Our daughter doesn’t have much she works hard and had been saving for a deposit on a home , she had lent him thousands and now he is ruining her life , constantly emotionally abusing her via text , if she blocks him then he just uses another number or changes his name . We have learnt that he has previous convictions for blackmailing a female police officer.
All we want to know is , legally can our daughter come and live with her family in Spain once she has had the baby? He is saying he won’t allow it and she has to stay in the uk, his words were , I am not having another man bring up my child in the future. She hasn’t met anybody else but he is emotionally blackmailing her and we don’t know how much more she can take , she lives alone , but can not afford to keep her apartment on once she finishes work as SMP will not cover her rent and bills in the uk.
Please can anybody tell us what she needs to do to ensure a happy life with her baby in Spain and legally can she move here once the baby is born .
Thank you .

Is he on the birth certificate

Customer: replied 3 months ago.
The baby hasn’t been born yet, my daughter is undecided whether to put him on the birth certificate or not at the moment , we are guessing it will be better for her and the baby if she doesn’t . Is that correct ?

If he goes on the birth certificate then the father has parental responsibility and as such she would have to seek his permission to go to Spain. Technically leaving the country with the child he would also need to give permission. I have also to help attached a link to a great book which explains the process - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X

Customer: replied 3 months ago.
if he isn’t named on the birth certificate , she would be free to love and work in Spain as he wouldn’t have parental responsibility ?

Yes. Although this does not prevent him from making an application to prevent the move if he is aware of it. In reality as he is the father she should tell him that she is going, although I am aware that sadly many mothers do not provide such information.

Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Yes. Although this does not prevent him from making an application to prevent the move if he is aware of it. In reality as he is the father she should tell him that she is going, although I am aware that sadly many mothers do not provide such information.

Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 3 months ago.
It has answered my question to a degree thank you, ***** ***** he has already stated he doesn’t want anything to do with the baby when it is born, but he won’t allow our daughter to move away to give the baby a better quality of life (this is mainly because he doesn’t want our daughter to meet anybody else as he is controlling) he will also not support the child financially and they have never lived together, I am at a loss to understand why the UK law would give him rights in such a case. Our daughter will have nowhere to live as she will have no income and he will not help. But just to confirm, the law states she cannot move to be with her family in Europe even if she goes back to visit uk if he decides he wishes to see the child in the future?

Let be clearer about the law. If there are two or more parents with PR and one wants to live abroad then they need the permission of the other parent or permission of the court. If only one parent has PR then they do not need permission to go abroad. The court will consider whether it is the child's welfare interest to live abroad. One of the leading cases is Payne v Payne. The court would want to be satisfied that if a parent is going to live abroad they are going for the rights reasons (family, work etc) and not to prevent contact.

Customer: replied 3 months ago.
Our daughter would never stop him seeing the child if that is what he wanted , she would Skype daily and visit the uk and he could visit her in Spain. In fact we are asking all these questions as there is nothing she would like more than for him to be around the child and have contact as she is growing up, but it is him that has stated he has no interest in this, hence the reason she feels a move to Spain to be around family who could help and support her , would be in the best interests of the child.
Thank you for your advice it has been helpful and we understand the system more clearly now.

The book will really help and please rate 5 stars for my time. Thanks

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