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ivorylounge,
Category: Law
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Experience:  Barrister at Self Employed Barrister
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Am I required as a father to give written permission for my

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Am I required as a father to give written permission for my wife to travel oversea with my child. My wife left with belongings and my child a number of days ago and when we met yesterday for me to see the child, she asked me to write a letter for to travel home to Germany for 4 days.
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Is there a court order in place?

Customer: replied 4 months ago.
There is no court order in place as of yet.
Customer: replied 4 months ago.
If there is no court order in place from either parties, am I still required to write permission. Also should I write something to keep my wife happy, will I be putting myself at risk of seeing my child. Given she has rights to leave up 20+ days without any permission at all?

On the basis that there is not a court order in place and you both have parental responsibility for the child then she should get your permission to take the child out of the country otherwise it can technically be abduction. If you trust that she will return to the country at the end of the holiday then it would be appropriate to provide her with permission and it is usually that this is in writing. It can also help where the child has a different surname to the mother as some airports/visa departments require same. Happy to discuss and please rate positive.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 4 months ago.
I would be more than happy to rate 5 at this stage for how supportive and responsive you have been. However can you be so kind to shed some light the nature/content of this permission letter? Also should my wife exceed the time that I mentioned on the letter (according to the dates she provides) does that then mean should will have technically abducted our child? And if so where do I stand at that point?

The letter really just needs to confirm that you have agreed for the mother to take the child out of the country. It is helpful of course if you set out the specific dates and also where they are going. If she does not return the child then you would need to make an application to the court for a specific issue order for the return of the child. This can of course get quite complicated if she has no intention of genuinely returning the child (there is an excellent book on the topic available on amazon on this topic - I have attached a link to make it easier for you - its about a tenner - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X) . If as he is late back then it could technically be abduction but if she has any sense she would contact you and tell you what is going on in an adult fashion (the flight is delayed, etc). I hope that helps and please rate. I can still answer questions post rating.

ivorylounge,
Category: Law
Satisfied Customers: 33673
Experience: Barrister at Self Employed Barrister
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Customer: replied 4 months ago.
Thank you once again.Finally I would like to enquire about my rights regarding nationalities. I’m a British Citizen, my wife is German and our child was born here in Britain and has both a German and British passport (my wife has the German passport for our child). Does that have any bearing on her rights to stay or alter any of the above issues mentioned?
Customer: replied 4 months ago.
I would just like to know if our nationality effect anything we discussed above? We was married before our child, my wife has taken my name and our child has both passports.

I take it from what you have said that he is habitually resident in the UK

Customer: replied 4 months ago.
we all live live in the UK. We were married here and Sophie was born here.

Then at present she is habitually resident in the UK, which means it does not alter what I have said above.

Customer: replied 4 months ago.
Okay well I think I have understood now. I would just like to thank you once again for your support. Should 1/2 questions arise when it the cut off with you support?

Just come back to me.

My name is ***** ***** I have been a solicitor for more than 35 years.

The letter should give very specific dates.

If she does not return to the Uk with the children then please be aware that there is no point in making an application to the UK courts.

You will have to make an application in Germany and should that happen you can get help from the charity

Reunite.org

Customer: replied 4 months ago.
Hi Clare, nice to meet you and thank you for following up with me.I would like to mention that Isabell has accused me of agression (her friends, my friends/family, colleagues can vouch for me, not to mention we have proof she has lied before) however nothing has been reported and we have already met up and scheduled to meet again next weekend.However what would happen if she claims that as a reason not to return?Can you tell me where I stand please.

Germany has a bad record for returning children under The Hague Convention on Child Abduction.

I suggest that you discuss matters with Reunite tomorrow

Customer: replied 4 months ago.
Should that be the case. How does that then work regarding abduction in the first instance and is there security here me?Do you think I should grant the permission in the form of the letter?Is there anything/approach that I can go back Isabell with, proof of return flight, perhaps even a letter from her side confirming she will return. Is so how valuable would it all be in the end.

I suggest that you call Reunite in the morning before you do anything at all

Customer: replied 4 months ago.
Regardless, of what I have mentioned above about the recent situation between me and my wife.I want to ask once again about the need for the fathers permission letter, since my wife Isabell has travelled numerous time with our child, Sophie, without this letter. Only a month before Xmas 2017, Isabell visited Germany for a number of days.If this is the case why does she need one now?

Technically it is neeed - in practise it is only necessary where it is likely there will be a dispute

Customer: replied 4 months ago.
Does the letter have much impact in a dispute? From my perspective?

Not if you keep short and refer to the expected return date

Customer: replied 4 months ago.
if I write the letter to strict dates (according to my wife's itinerary including flight times/no.) then she will be able to go and breach of this letter could become complicated. Though if I don't its likely she will be able to go anyway (as she did in the past).However, if I refuse to write the letter (she can still go as she did in the past) but should she decide not to return then I have no evidence that I let her go or not.Understandably, if the letter was written incorrectly to derail the plans that would just be unfair.I'm struggling to understand the requirement for the letter other than to pass as evidence that she did unfairly by keeping the child away.

Some countries are getting tighter on travel permission - the Uk is not one of them.

She may have been hoping that you would write a vague letter!

Customer: replied 4 months ago.
Thank you for your patience with me here Clare, I obviously want to ensure all bases are covered, at the same time I don’t want to make myself vulnerable.I think I will just write a vague letter looking forwar
Customer: replied 4 months ago.
a vague letter that clearly states relevant parties, passport details, times and location (but vague in the of unofficial/government headed).

You had me worried there.

Be sure to make it clear that this is a holiday and you are expecting the child home!

Customer: replied 4 months ago.
This is merely a four day trip that has been booked for sometime (it’s not a knee jerk reaction to the situation).So in your opinion Clare, do you think a drafted letter using an official form as a template, will be suffice if it contains all the relevant information along with signature and witness signature?

No need for official templates

A simple

"I agree to you taking xxx to Germany for four days returning on xxx"