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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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Our daughters address is in UK, we are all from Finland. We

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our daughters address is in UK, we are all from Finland. We are divorced, Now I am in Finland and my Finnish lawyer made application to Finnish court to solve the case about our daughters future location. She is with me here and I have not returned her to London. This application to Finnish court was done 1.6. After this Lotta made abduction application to Finnish court 8.6. Now she had made one in UK court and I am asked to attend a court hearing next monday about abduction case that was done with application 9.6, can they do this as you cannot handle same case in two courts and applications to Finnish court were done before and are active ?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have a lawyer in Finland not in UK I live in Finland legal question global/UK
JA: What steps have you taken so far?
Customer: I just mwntioned them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

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

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Where you all habitually resident in England before you took yur daughter to Finland with you? When did you take her? Did you have the mother's consent to take the child out of England?

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Customer: replied 6 days ago.
We were all living in UK yes, and mother said we can go. Only thing is that her lawyer in UK demanded that I had to confirm to him that we will return etc. Without this they didnt allow us to fly.Olivias life is much better in Finland and I seeked legal advice when I came here and my lawyer sent an application to Finnish court 1.6 that they will resolve our daughters future address

So the mother gave you consent for a holiday and you kept the child and applied to court?

Customer: replied 6 days ago.
8220;So the mother gave you consent for a holiday and you kept the child and applied to court?” Yes we staid in Finland and got legal help
Customer: replied 6 days ago.
Legal costs in UK are too much to handle a relocation there
Customer: replied 6 days ago.
In Finland it’s 10x less and court is for free when about a child
Customer: replied 6 days ago.
Can you please remove the 51€ as you cannot talk ???
Customer: replied 6 days ago.

In that case you provided false information to the mother and as a result got her consent without her full knowledge- which means the consent is not valid. Taking a child without consent is child abduction - hence the English proceedings. In fact, the Finnish courts do not have jurisdiction as none of you were habitually resident there. The English courts have jurisdiction and you will be ordered to return the child.

Can I clarify anything in my response to you?

SASH_Law and other Law Specialists are ready to help you
Customer: replied 6 days ago.
I have got other information from other lawyers and as I mentioned our intention was never to stay in UK and I didnt abdukt our child, we made an application to Finnish court to take it as we are Finnish citizens way early before the travel date. As its tontut daughters benefit to stay in Finland, her home coutry. We were not habitual residence with intention to stay.
Customer: replied 6 days ago.
Inwould line the 51€ back please as we didnt call and it was taken already

Were you, or were you not, living in England?

Did the mother's lawyer ask you to confirm the date of your return to England before you left?

From what you have said you were habitually resident in England and that the mother's solicitor specifically asked you to provide details of your return, and without that they would not agree to you taking the child.

On the basis of that the mother appears to have made an application for the child's return to England, and that is the hearing on Monday. You will need to appear at the court and the likely outcome is that you will be ordered to return the child. You can of course challenge the High Court's jurisdiction if you think you were habitually resident in Finland.

Let me know how it goes.

All the best.