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If child is removed from UK to within EU....

(4 Posts)
RiverMan Thu 27-Feb-14 11:14:54

... Is the remaining parent in a weaker position if there is no formal custody agreement ?

I have worries that my XP may take my dd ( 5 yrs ) back to her homeland within the EU. We managed to avoid court on separating so there are no formal agreements in place other than my name on the BC.

prh47bridge Thu 27-Feb-14 12:57:30

No you are not in a weaker position without a residence order in place.

You have PR. That means your daughter cannot be removed from the UK without your consent. If your XP does so that is a criminal offence (child abduction). Wherever your daughter is within the EU she would be returned to the UK regardless of whether or not there is a residence order in place.

babybarrister Thu 27-Feb-14 13:27:41

I agree. if you are worried you can ask the court for a prohibited steps order to include lodging of passports etc

RiverMan Thu 27-Feb-14 13:28:03

Many thanks

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