[Solved] Taking my baby out of country

Hi there and welcome 🙂

...Its great that you are supportive of your wifes needs, I think we can all understand that she is missing home and family, and of course, the weather gets us down and we're used to it!

Its a tough one, there are steps you could take such as a prohibited steps order, but its likely the court may allow her to go back to her home country for holidays and would grant her leave to take the child. This is only my opinion though. The only way to ensure she returns is by going with her, but again once there she could refuse to return and as the child has dual nationality I dont think there would be much you could do.

I think the best thing, would be to get some legal advice on the different scenarios and sit down with your wife and discuss it all openly...if she loves you and you are confident in that then perhaps you are worrying unnecessarily.

Perhaps someone from the CCLC could come along and give you some advice on the legalities...I'll enquire 🙂

Thank you for your reply. I will certainly have to discuss all the options with her and look at legal advice. I guess I know though that I could not bare to be without my little girl and thats when its not easy to discuss or compromise as its so emotive. The compounding factor is she will be returning to a very remote part of Vietnam with an education and health care system some way below what we take for granted here. Again though thanks for the advice and can you just tell me who the CCLC are? perhaps I could contact them myself

CCLC stands for Coram Childrens Legal Centre and they give free legal advice. There is a link on the Forum which doesnt appear to be working for me, but you can also google them. They have a freephone number and live web chat. If you take advice from them would you be kind enough to come back and post what they say, just for the benefit of the other members here. 🙂

Dear Spf65

Thank you for your post.

As you are married to your daughter's mother you have Parental Responsibility under English Law. English Law would apply as you are habitually resident in this country.

Parental Responsibility is defined in s.3(1) Children Act 1989 as being:
"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.

Therefore as you have Parental Responsibility your consent would be required for a removal from the jurisdiction of England. It is also important to note that you and your wife have equal rights and responsibilities towards the child.

If you do refuse your consent for the child to move abroad but you do have concerns that the mother may go against your wishes you can apply to the Courts for a Prohibited Steps Order. If granted, this will prevent the mother from moving abroad. You may also wish to apply for a Residence Order at the same time to secure the child residing with you full time.

Another option you may wish to pursue is mediation. . Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding . To arrange mediation please contact National Family Mediation on 0300 4000 636.

If you do not feel that mediation is suitable due to a possible move abroad then to apply for the above mentioned orders you would need to complete a form entitled a C100. This form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant this type of Order.

a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE