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awkward mum, trying...
 
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[Solved] awkward mum, trying to stop me seeing my daughter!


Posts: 4
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Topic starter
(@Tinyaimz.)
Active Member
Joined: 13 years ago

Basically im writing this on behalf on my fiance, (he works long hours so thought id look on here!)

well, my fiance recieved a letter the other day from his ex partners solicitor, stating next month shes taking his daughter on holiday for a month out of the country, shes just married someone from america who works in the airforce.
This letter stated that, she wanted her new husband to take parental rights of my fiances daughter, and move to texas in 2015.
So im assuming she would want to change his daughters last name from the mothers maiden name to her new married surname.
ive been down to citizens advice, however got no luck.
I was just wondering what do we do, and how can we stop this? i know this is going to end up being a nasty courtcase, so before we take any action we would like a heads up on some information to know what we are dealing with here.?
if you have any information on the above, please comment!!

Thankyou all so much.

8 Replies
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(@k@rtis)
Joined: 13 years ago

Eminent Member
Posts: 30

Hi

Was your partner married to his ex, is he named on the birth certificate and the child was born after the 1st December 2003 if so he has parental responsibilty.

Having PR would mean his ex would be commiting a criminal offence if she was to emigrate without the permission of the other parent.Bit confused when you say ex want's to change child's name from her maiden name.

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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

HI and welcome.

Firstly, I've moved this into the legal section as it's a more appropriate place for this.

We will need to know a bit more detail, any orders, PR etc. You are right that it almost certainly will become a contested court case as there simply isn't a sensible mediated solution. Potentially, if you want to stop your daughter moving to Texas, then you are looking at a residence order.

Once we have some more information, we can ask the CCLC to give some advice.

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Registered
(@Tinyaimz.)
Joined: 13 years ago

Active Member
Posts: 4

Hey, He is on the birth certificate. But was never married to her. His daughter has the same surname as her mum as for some reason she didn't allow her to have her dad's surname. What else do you need to know? He pays maintenance every month which has been set up via child maintenance. The letter does state that he does need to give authorisation for parental rights to her new husband and also authorisation for them to move country. However he is under the impression that he can say no to her taking his daughter abroad on holiday if he has the suspicion of them not returning. Any ideas or info would be great. Thanks for the reply so far and thanks for moving it to the relevant section! 🙂

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(@Tinyaimz.)
Joined: 13 years ago

Active Member
Posts: 4

P.s she was born feb 2008 🙂

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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

Thanks for that information. I believe he is correct about needing to give permission, but he may be wise to do more than simply refuse permission. I will ask our legal experts at the CCLC to give some advice, so keep an eye out here.

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Registered
(@Tinyaimz.)
Joined: 13 years ago

Active Member
Posts: 4

Appreciate it. When you say do more than simply refuse permission what do you mean? What else is there he could do? Again thanks and I will keep an eye out 🙂

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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

I was thinking of being more proactive, and applying for a prohibited steps order, along with residence, but the CCLC will advice more comprehensively.

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Registered
(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear TinyAimz,

thank you for your enquiry.

From the information you provide, it would appear that the father of the child has Parental Responsibility. This relates to all the rights, duties and responsibilities you have as a parent. The consent of both parents would be required to change their ’s surname or take him abroad. Your partner is able to speak to doctors, give medical consent, speak and visit schools and have copies of school reports and letters.

Therefore, the child's mother will need consent from your partner for the following:

- changing the child's surname
- take the child out of the UK
- decisions on schooling, medical treatments etc. Please refer to our website www.childrenslegalcenter.com where you will find an informative factsheet on Parental REsponsibility.

Please note that, despite what the mother suggests, father will retain Parental REspnsibility unless something exceptional occurs. Parental Responsibility could be given to the mother's new husband only with the child's father consent. Even if she applied to court for that, the new husband may be granted with a Step Parental Responsibolity Order, but father is likely to retain his Parental Responsibility anyway.

With regards to the holidays, by taking the child to America without the father's consent the mother may be acting unlawfully under the Child Abduction Act 1984. However, if you want to ensure that she does not take the child, you are entitled to apply for a Prohibited Steps Order, -ie ask the court to prevent her from leaving with the child. If you have strong reasons to believe she might try to take the child away soon, you may want to consider making an Emergncy Prohibited Steps Order application.

If you don't wish to instruct a solicitor, you may apply by yourself by downloading form C100 from www.justice.gov.uk. Once this is duly filled in, you have to file it to your local Family Proceedings Court. Remember to specify in the form that you are applying fro a Prohibited Steps Order, and should that be the case, that you wish it to be considered as an emergency and why.

The application has a cost attached of about £200.

In relation to permanently move to Texas, again mother must obtain the father's consent or apply to court.

If you have any further questions please contact us again via our webchat facility. The link to our webchat is http://www.childrenslegalcentre.com/index.php?page=web_chat.

Yours sincerely,

Coram Children’s Legal Centre

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