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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have parental responsibility child on the weekends

Customer Question

I have parental responsibility for my child on the weekends in the uk and work in a germany.
My ex is planning to take my daughter to live in US with here fiancée there.
She has US fiancée visa with my daughter on it as a minor under 21.
Can she go in that basis ? I would have thought she needs my co set and signature on visas. But says as I'm abroad Mon- Fri I'm not covered by uk law. Is this right ?
I'm in UK every weekend, pay maintenance, have my residence un uk and have British passport. Is she getting away with this on a technicality ?
Also if I do provide consent, how can I ensure to sends my daughter to me for visits at least twice a year? Do I need a court order for this, how can I get it ?
I'm paying £450 in maintenance way more then my child's needs I want to reduce this to£200 if she goes to the US. Because the current payment is too much and realistically I can't afford it. Does she have a say in the amount I will pay moving forward ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and when does your ex propose to move?
Customer: replied 2 years ago.
Hi Clare,
My daughter will be 15 in November.
The flights are booked for 16th July.
Expert:  Clare replied 2 years ago.
Does your daughter wish to go?
Customer: replied 2 years ago.
Not particularly, she feels like she doesn't have a choice. She would rather her mum didn't want to go.
Her mum has convinced her she's going regardless and tried to get her buy in. My daughter is now resigned to going but given the choice would like things to stay as they are.
Expert:  Clare replied 2 years ago.
Are you willing to change your employment so that she can remain with you in the Uk?
Could she board with another family member in the week?
Customer: replied 2 years ago.
She could stay at my house in the Uk where she stays with me every weekend. Her Grandparent's also live in the same house so there would be care for her mid week.
But that means having to take a long bus journey for school and doesn't want to do that.
I've suggested this as an option but she's not keen.
I think she'd prefer to stay with her mum, even tho she doesn't want to go to the US herself, I think she feels there's no other choice.
I think I've gotta stick with my current work as I'm struggling to find work with my skills and age in London.
I was made redundant in London. And was luckily offered a contract in Germany. I'm there till the end of the year perhaps longer if they extend for another year.
Expert:  Clare replied 2 years ago.
What offer has your ex made about ongong contact?
Customer: replied 2 years ago.
This is what she sent me in an email ...
The US school terms are a different to here, they have a week for Spring, a week at Easter, two weeks at Christmas and eight weeks over the summer, I would envisage Tanisha coming to you at least twice a year, with at least 4-5 weeks over the summer and the two weeks at Christmas if that can work for you? If we decide that its worthwhile someone doing the journey on the shorter breaks that also remains an option that can be discussed.
Expert:  Clare replied 2 years ago.
Technically your ex needs either your consent or an order from the court to remove your daughter to the USA.
The fact that you work in Germany is not relevant
However at 15 it is your daughter's wishes that the court would support, so given what you have said it is unlikely that a court application would be worthwhile for you.
Your maintenance liability is 12% of your gross income - but that can be reduced to reflect unusually high Contact costs.
You and your ex and your daughter need to discuss the contact arrangements - using Family Mediation preferably
I hope that this is of assistance - please ask if you need further details