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I want to move abroad with my daughter. Where do I stand legally in regards to her father?

Tagged as: Big Questions, Family, Troubled relationships<< Previous question   Next question >>
Question - (27 January 2008) 9 Answers - (Newest, 19 April 2008)
A female United Kingdom age 51-59, *lh writes:

Hi i want to take my daughter to live abroad.Iwas not married to the father however he is on the birth certificate,how do i stand legally?

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A male reader, anonymous, writes (19 April 2008):

The law has changed in the UK from Oct 2003 I believe. Before this change, if the parents were unmarried at the childs birth, the father had no PR, whereas from Oct 2003 onwards, if the father is named on the birth certificate he automatically has PR. If a court order for contact or residence is in place, the the person who's favour the order is in can remove the child from the country for upto 30 days without consent of all other parties (mother/father) who have PR. Over 30 days, it falls under the Child Abduction act, unless you have written consent.

I have quite a bit of experience in this area. I am 26 and have a 5 year old daughter. I have both and PR order and a residence (custody) order as my little girl lives with me an not her mother.

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A male reader, anonymous, writes (15 April 2008):

if the father has never ever played a major role in the child's life it is fruitless to even worry about it.

however you should still consult a family lawyer in the event you do move to pursue the proper process. if the father was never listed on the birth certificate it is pretty well apprent he has never been there since day 1 and the courts would throw it out anyway. if the father is a dead beat dad the courts can actually legally remove the name from the original birth certificate and your free to go.chances are unless he runs into about 20-40 thousand dollars to fight the process and pay a lawer, that with which he would just lose his money anyway. once that happens the person has absolutely no rights to the child.hope this helps.

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A female reader, anonymous, writes (22 March 2008):

Hi go to a solicitor and get funding from lsc and then get a specific issues order from the court ie sol custody or ask the solicitor to write to the childs father explaining the situation this aviods conflict and he could if he approves give you written permission through the solicitor hope this helps

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A male reader, anonymous, writes (28 February 2008):

well as he is named on the birth certificate he automaically has parental responsibility. but you can apply to have the responsibility removed. depending on whether or not you have been married. which you can do by applying to a magistrates court.

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A male reader, eddie Canada +, writes (28 January 2008):

eddie agony auntHow does the father feel about you leaving and what is his role in his child's life life? Does he pay support? Is he active in the child's life?

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A male reader, rcn United States +, writes (28 January 2008):

rcn agony auntI don't know the laws there in the U.K. Here in the U.S. after divorce or separation, married or unmarried, an order to establish custody created by the court. The order establishes visitation, chid support, medical etc. It's also created to be in the best interest of the child.

When looking at visitation, it's set as the court has written it. You can take a weekend, but not if it violates the order of visitation for the father.

Moving also has stipulations. Here a 30-60 day written notice must be filed with the clerk of court, and a copy given to the father. If the father contests the move, a court date is set. The parent moving with the child, then has to prove that the move would be in (not their own best interest) but in the best interest of the child.

For example. I live where it snows, let's say I worked at a store, and the store had business where it doesn't snow and is always warm. If the mother had visitation, and lived in the area, and had a regular relationship with the child, then I might be given the choice to stay where I am, or move but give custody to the mother. Here they don't see taking children away from family to move but receive the same thing except it being warm and sunny as being in the best interest of the child.

As I said, I'm in the U.S. I know your laws and ours are similar, but it would be a good idea to check with a solicitor there to see what your options actually are.

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A male reader, Jamer70 United Kingdom +, writes (28 January 2008):

Jamer70 agony auntWell im no lawyer but im pretty sure regardless of marriage the father still has rights to his child.

Now you could move but i believe you would need his permission, and with all the noise over fathers rights im pretty sure you would. But im no lawyer. Your better of consulting one rathing than being stopped or at worse him accusing you of taking his child.

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A female reader, birdynumnums Canada +, writes (28 January 2008):

birdynumnums agony auntI'm Canadian. Ten years ago, it started getting harder and harder to travel without a signed and notarized letter from my husband saying that I could travel independently with our children. I think that you should consult a lawyer in your case. The last thing that you need is someone stopping you at the last minute when you have a flight to catch.

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A female reader, Laura1318 Malaysia +, writes (28 January 2008):

Laura1318 agony auntI think the father has no rights over what you do with your daughter.His names in the birth certificate only to denote that he is the biological father and thats all.

In UK, you can sue the father for child maintenance but the father has no right over the child.

This is only my opinions .

Consult a lawyer or the appropriate govt. departments .

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