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marcusmalin
marcusmalin,
Category: Law
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My daughter’s father want to take my daughter abroad next

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My daughter’s father want to take my daughter abroad next February but I’m still not sure it’s safe to do so. Can I stop her from going. She lives with me full time.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. It’s all been mutual.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Rugby, Warwickshire. I believe Rugby courts are closed.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My daughter normally sees her father every other weekend but now she is 13yrs old, she doesn’t want to go so often. Where does she stand at going say once a month. He lives about 60 miles away.

Hello, my name is Marcus.

Your permission is required for your daughter to be taken overseas by her father.

Honestly it is probably too early to say whether it is safe to go. In principle the court would most likely make an order for her to go in the absence of your permission but only if travel at that time is safe. At the moment it is a bit of an unknown.

As for contact the reality is that contact changes as children get older for various reasons.

As your daughter is 13 her wishes and feelings should be taken into account. Certainly if there was a disagreement and he makes an application to court the court will very much listen to what your daughter has to say and if they are happy that it is her wishes and feelings and she is not just reflecting what you want and that is what the court would most likely order.

Do you think your daughter is able to explain to her father that she would like to go less. I would hope he would be understanding and respect her wishes.

Thank you.

Customer: replied 2 months ago.
Ok thank you for your quick response. She has only spoken to me about not wanting to go. I don’t think she wants to approach him about it as he probably would take no notice of her.He is seeing her on Sunday for the 1st time since lockdown. I have said we will meet at the park but he wants to come to my house as he said ‘don’t you trust her’. I trust her but can’t guarantee he will keep the 2mtr social distance. He seems to have an answer for everything and wants to go against me

It maybe an idea to speak to father and explain your daughters wishes. I presume there is no court order in place and therefore as the primary carer you can determine what contact you believe to be in your daughters best interest.

At worst he can make an application to the court if he is not happy and as I say your daughter will be spoken to by welfare officer and as long as she expresses herself in a clear way then the court will accept her wishes and feelings.

I very much however hope it does not come to that and that father respects his daughters view although it is nothing to fear if the court is needed.

Thank you

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