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JeremyT1020
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I have a question regarding family law, UK but I’m not a

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I have a question regarding family law
JA: Where are you? It matters because laws vary by location.
Customer: UK but I’m not a citizen
JA: What steps have you taken so far?
Customer: None yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m Spanish living the uk and have had a son with a uk citizen but aren’t together anymore
Customer: replied 16 days ago.
I have given the father of my child chance after chance because he claims he wants to be involved in his son’s life but after having a conversation on the phone where he just screamed abused, I don’t feel safe nor comfortable with providing supervised visits. He’s said if I stop contact he will take me to court. I have decided that I will go back to Spain since all my support bubble is there and it would be more beneficial for both my son and I. If I get a summons or a letter from court, can I still leave the country with my son?
Good evening and thank you for your question. I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter.If the child's father has parental responsibility for your son (name on the birth certificate), you will need his written consent to take your son to Spain. If he refuses to give consent, you'll need to get a court order (a "specific issue" order) granting you permission to remove your son from the jurisdiction.
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Customer: replied 16 days ago.
He isn’t on birth certificate
Customer: replied 16 days ago.
if he were to take me to court, am I allowed to leave the country?
OK. He probably doesn't have parental responsibility in that case, however, it's always worth getting a fathers consent. Even if he doesn't have PR, there is nothing to stop him from making an application to court asking for a parental responsibility order AND a prohibited steps order (an order to prevent you removing his son).
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The court will consider what is in the child's best interests. They will look at where you will live, education, support networks and how often you will make your son available to spend time with his father abroad.
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If a court thought that you were trying to deny him contact by moving abroad, they would not grant the order. You have to present the move to Spain in a positive light and say how much you will make your son available to see his father (during holidays, zoom calls, etc.).
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Customer: replied 16 days ago.
Okay but can I leave the country if I don’t know if he’s applied for the orders you mentioned?I have said to the child’s father that he’s more than welcome to visit us if we ever moved back to Spain. I have also clearly stated to him that the reasons why we would go back is due to me not having enough support here and because the housing situation atm isn’t great but in Spain we have a home to go to and my family are waiting for me
Customer: replied 16 days ago.
I’m thinking in my son’s best interests but the father claims I am deciding to leave the country out of spite which isn’t true because I already said I didn’t have a problem with him visiting at any point if that was the case
Customer: replied 16 days ago.
if he were to apply for those orders and I wasn’t aware of him doing that. Would my son and I be able to leave the country?
Strictly speaking, you could leave. If passport control stopped you in Spain, it could be a very difficult conversation.
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Customer: replied 16 days ago.
Please forgive my ignorance but why would they stop me if I’m technically allowed to leave the country? I don’t quite understand that
If he made a routine application, it would probably be listed for a hearing about 7 weeks later. He could, however, make an emergency application and be heard on the same day (without you present), if he got wind that you were leaving.
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Border control could stop and ask questions about parents travelling alone with a child. Believe me, they do. In all European countries, they're very alive to the possibility of child abduction/flight risks.
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They would potentially want to see written consent.
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You would say that the father didn't have parental responsibility
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Customer: replied 16 days ago.
how would I be made aware of any of these procedures? He wouldn’t tell himself
They may detain you whilst they make enquiries.
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Customer: replied 16 days ago.
Okay now I understand
No, he wouldn't tell you. The courts always recommend people are open and honest in an attempt to co-parent effectively.
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Customer: replied 16 days ago.
Are they even allowed to do that? That would be distressing to me and mostly to my son
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Customer: replied 16 days ago.
even if he’s been abusive towards me he can still do that? That would be another reason for us leaving
Customer: replied 16 days ago.
Out of curiosity, how much would it cost him to make all of these applications to the orders that you mentioned?
Good evening. My apologies for the delay in responding. An application for parental responsibility and a prohibited steps order would probably cost him about £10k if it went all the way to a final hearing.
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Customer: replied 15 days ago.
If he manages to fill out a form and make the application, how would I be made aware?
You'll receive a copy of the application from the court.
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Customer: replied 15 days ago.
How would that be possible if the applicant doesn’t know my current address?
He'll appoint a trace agent to find your address.
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Customer: replied 15 days ago.
Wouldn’t that be a breach of data protection?
No.
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Customer: replied 15 days ago.
how does that work? I’m assuming he would pay someone to do it but then how long does it take?
That's correct. Most trace agents work on a 24-48 hour turnaround. Some will work on a "no trace, no fee." Otherwise, they charge between £50 and £75 on average. Their searches are perfectly legal and most have a 85% - 95% success rate.
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Customer: replied 15 days ago.
Okay thank you for clarifying that
My pleasure. Do you need anything else clarified?
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Customer: replied 15 days ago.
If the applicant is missing information that should be included in the application, can he still make the application? As in, if there is any information missing therefore leaving blank spaces, would the application be accepted?
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Customer: replied 15 days ago.
Okay. I believe those are all my questions so far.Thank you very much for your patience and of course for your help
My pleasure. Thank you for your questions and for using Just Answer. If you have any new questions, please start a separate thread and mark the question FAO JeremyT1020 as I'd be happy to help. Kind regards, J
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Customer: replied 15 days ago.
Thank you again, much appreciated.Kind regards