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Evening all,
So I am wondering what the law says about this particular situation.
My ex-partner has prevented me from seeing my 14 month old daughter since Easter Sunday, literally no contact. I have never been told why, it simply stopped. She continues to take my daughter to see my family but I am just not given any contact. I was not allowed to see her on her 1st birthday, my first father's day, nothing.
After a few months of me growing more and more desperate, I sought legal advice. Went down the MIAM route, but she failed to turn up to 3 arranged meetings and then when she did she refused to even discuss the situation, stating "he just isn't seeing her".
C100 is now lodged.
In the meantime I attempted to gain access through a contact centre. My ex-partner refused to comply with them and there is a 10 week wait anyway.
I am guessing that CAFCASS etc will be involved so my question is this:
Am I breaking the law by simply taking my daughter from my ex-partner? I have full PR, am on the birth certificate etc. Am solvent, work from home and of stable mind, no police convictions.
I assume it would come down to the manner in which I took her i.e avoiding breaking and entering etc, but if I do get the opportunity to take her, can I be prosecuted for doing so?
MA
Hi there F.B.
Extenuating circumstances excepted, it's not something I'd do lightly to be honest, I'd expect it to have very negative repercussions down the line. From my admittedly limited understanding if you have parental responsibility than you can't be charged with abduction within the UK but there are qualifiers based around issues of mutual agreement. If the child is moved out of the country then it's a different matter. But I read that there are other factors which enter into the equation such as whether it will breach a contact order if you were to do so. I believe that there is also facility for the other parent to obtain a prohibition under something called a Prohibited Steps Order which is outlined in the Children Act 1989 Sect 8.
I simply wouldn't do this - the plain fact is that your ex is the parent with care by virtue of your daughter having lived exclusively with her, so a court is absolutely going to order that she be returned to her mother, and then any contact you seek in court, your ex is going to claim that there is a danger of abduction because of your actions and you are likely to end up with either indirect contact or at best supervised contact for the foreseeable future. You have the C100 lodged now, you need to let that take its course.
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