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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Immigration Law
Satisfied Customers: 0
Experience:  Senior Partner at Berkson Wallace
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Citizen, lived i uk from 2004, met my daughters father 2006,

Customer Question

i am Latvia citizen, lived i uk from 2004, met my daughters father 2006, lived together till 2015 dec, 9 years - controlling and abusive relationship, daughter is 4y , went through courts as he tried to take my daughter away and the current order say she lives with me full time, but can not go out of uk more than month with fathers approval. Financially he left us with nothing, i struggling to support us, so i want to go back to Latvia to live and have better life for me and daughter as we have a house and my family support. where do i stand and how to start and a i allowed go to live there.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 9 months ago.

Out of jurisdiction removali is difficult. You 50 50 chance of success. Financially he should be paying maintenance if not you need to contact CSA

Customer: replied 9 months ago.
he already paying 37 pounds but the the questions was can i go home to Latvia, and who do i ask witch judge or court and also is my daughter entiteled to a capital funds? and what i am entitled?as spent 9 years my money for all of us and his house and bills and was out of work when had little one, but ended up no savings as what i had (little ) gone on unexpected courts.he lives on i have to strugle. where do i apply for what i am entitled?
Expert:  frantzgregory replied 9 months ago.

You can go home but you cannot take your child out of the UK without court permission.

You need to seek the help of a family law solicitor. You daugher is not entitled to capital funds only maintenance.

Customer: replied 9 months ago.
why can not she have the capital funds?who decides that? why he has such a power when not married ? do i not hold any power as mother of child esspecially not married
Expert:  frantzgregory replied 9 months ago.

The law in the UK requires the non resident parent to only pay maintainance that is what it is.

It is all about the best intetest of your child and not who has the most power. Both of you have parental responsibility towards your child. It is irrelevant whether you are married or not.

Customer: replied 9 months ago.
got little one here so best type, and i just want answers on my first questions to know what to do, also i payed for it with my last money
Expert:  frantzgregory replied 9 months ago.

I have told you what to do. You need to go and see a family lawyer or make an application yourself to take your child out of the UK.

Customer: replied 9 months ago.
family lawyers cost money i have none so want to know what form i need to fill in does it have a name and will have to submit now i know the family court yes
Expert:  frantzgregory replied 9 months ago.

it is also expensive if you do it yourself. here is a link to more information www.gov.uk/permission-take-child-abroad