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LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 357
Experience:  Expert in Immigration and family law
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I live in UK since 8 years ago. I have a 3 years old

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I live in UK since 8 years ago. I have a 3 years old daughter and we live with her father in a rented house. My partner decided to finish our relationship 3 months ago but we have a tenancy agreement until february. Being the 3 of us of us spanish and having the father's and my family support in Spain. If I think I will be better in Spain than here. Because here I will be working to pay for the childcare and always short of money. But that wont be his case. If I decide to go back to Spain and he doesn't agree for me to take my daughter with me. Has he has the right to stop me?. If he has that right because we are both residents in UK right now. Will that be different if I go back to Spain before and register myself as a resident there? Is thay legal?. I don't feel fare to be obliged to live here if I could be better with my family.
Thank you.

Hello I will help with your query. When it comes to a child it’s based on what’s in the best interest of the child and who has parental responsibility therefore if you are not in agreement over who the child should stay with I advise looking at a child arrangements order.

Please see the guidance above on this.

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Customer: replied 2 day ago.
In case we share the child custody
50% living in this country. But I find a job in Spain close to the family support. Would it be possible for him to forbid me to move ? Could I say I also have the right to be happy even if thay means to move?.
Another think that is bothering me is the fact that my ex partner does never care of Elisa's everiday care. He is always using his time for himself.
But I am suppose to accept that he will magically change and think of Elisa's instead of himself? What if he acts like he he actually does at home? Ignoring her?
If we need counselling to agree about the custody terms. How expensive will that be?
Hope you can explain me.
Thank you.
Amparo Ranea
If you share child custody then you would need to go back to the family courts and take the matter up to see how you can go forward with moving to Spain if the Judge will allow it.