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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4024
Experience:  LLB (Hons)
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I need legal advice regarding child law my daughter’s is

Customer Question

Hi i need legal advice regarding child law my daughter’s is seeking to go to court in the netherlands. I have full custody.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no i just received a letter from a lawyer for meditation he asked to speak to me alone and we haven't been able to come to an agreement so he informed me he’s going to court
JA: Have you talked to a lawyer about this yet?
Customer: no i haven’t
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  SASH_Law replied 12 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am sorry to hear about the difficulties you are facing. Can you explain a bit more about what has happened. Yousay your daughter is seeking to go to court in the Netherlands, for what? You also state thatyou have received a letter about mediation - who wants to mediate and for what purpose?

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Expert:  SASH_Law replied 12 days ago.

As you have not responded to my request for additional information, I can only give you a general answer. If you need clarification, please do ask.

If you and the other parent cannot agree on what should happen to your child, it is logical to attend mediation to see if the mediator can assist you with coming to an agreement. If an agreement cannot be reached, then one of you will need to apply to court for a child arrangements order. It would appear, as you refer to 'full custody', that there might already be a child arrangements orderin place for the child to live with you. Either way, if there remains a dispute regarding the child and you cannot reach agreement together or with the help of a mediator, then court is the next step.

Please do provide additional information if this does not answer your query.

Customer: replied 12 days ago.
Hi , so my daughter’s father is seeking for legal recognition and he needs me to grant that as that is the law in the netherlands where he lives. I live in the uk and recently moved back from the netherlands. I have full custody as he isn't legal registered as her father. If he goes to court where would that be here in the uk or netherlands? And what type of outcome can i expect.
Customer: replied 12 days ago.
He is unable to come to the uk as he was deported a few years ago due to criminal offences
Customer: replied 12 days ago.
He contact a lawyer for meditation however he then requested we talk without her. Today he called me and when i told him i will not travel to the netherlands just to grant him legal recognition of our daughter he informed me he will be taken me to court
Expert:  SASH_Law replied 12 days ago.

If the child and you are habitually resident in the UK then it is the UK courts (whichever country in the UK you are in) which will have jurisdiction to make decisions.

If he is in fact her father and goes to court in the UK, then he will be very likely to get an order to that effect, and can then apply to have the birth certificate amended to reflect his status. He will then have the same parental responsibility as you do.

If he cannot come into the UK, he will need to instruct a solicitor in the UK to make the applications for him, but him not being in the country will not be a bar to him making the application he needs to do here, and it is very possible he will be permitted to attend hearings remotely or via his solicitor.

Customer: replied 12 days ago.
Ok so if that happens can he apply to have her brought to him to the netherlands. As he can not come to see her.
Customer: replied 12 days ago.
What type of visitation order would he be granted
Customer: replied 12 days ago.
Also he was deported due to criminal offences does that not have a impact. He is on a ban from ever entering the uk.
Expert:  SASH_Law replied 12 days ago.

It wouldbe a matter for the court to decide on what type, if any, contact would take place. It is most likely it would be by phone and letter.

Customer: replied 12 days ago.
Ok thank you so much for your legal advice. I appreciate it.
Expert:  SASH_Law replied 12 days ago.

You're very welcome.

I hope things turn out well for you.

Customer: replied 12 days ago.
Thank you! Me too
Expert:  SASH_Law replied 12 days ago.

All the best.