XP TAKING DD TO LIVE ABROAD IN SIX WEEKS - ANY ADVICE PLEASE

[EnormousChangesAtTheLastMinute]

A friend of mine is expecting a baby with his new wife any day now. Last night his ex told him she was moving abroad with his 8 year old daughter in six weeks. What can he do to ask her to delay departure (pointless asking for her to reconsider move). what rights does he have? anyone been through anything similar?

[Freckle]

Were they married? Does he have parental responsibility?

In either case, his ex needs his permission to take their dd abroad to live or a court order allowing her to do so. If he is worried, he could apply to the court for a prohibited steps order.

[EnormousChangesAtTheLastMinute]

They weren't married but he does pay maintenance. the ex p has custody. he has strong relationship and close contact, takes her to school at least once a week, she stays with him regularly etc but CAB told him he had no legal rights...?

[Freckle]

If he doesn't have PR, he should see a solicitor straight away. He can apply for PR and submit an application for a prohitited steps order at the same time. He should do it as a matter of urgency.

[Piffle]

she cannot take her out of the country if the child is a british national and he does not want her to go
Of course he has rights but whether he'd want to exercise them is up to him
He needs to phone a family law specialist pronto

[Tinkerbel5]

I dont think there is anything he can do unless he was recognised as having parental responsibility, is his name on the birth certificate ? the only thing to do is get legal advice, maybe he can go to the nearest CAB or find a solicitor who can give a free half hour.

[EnormousChangesAtTheLastMinute]

thanks so much for all of your help. what is parental responsibility? he has never been through the courts so all quite informal but seems to me he does have name on birth cert and has level of involvement in dd's life that he has it in all but (legal) name... but i'm guessing! they have nothing written down.

[Freckle]

Sounds as though he doesn't have PR at the moment. He should see a solicitor as a matter of urgency to apply for PR - he is almost certain to get it - and also for a prohibited steps order.

Out of interest, where is the mother taking the child and why?

[EnormousChangesAtTheLastMinute]

the xp could be a mn-etter so i need to be discrete about location etc, sorry, i understand you're curious.
thanks so much for the info it has really helped. google searches on PR have thrown up some good stuff, including a form which only entails both parents signing which, although unlikely, he can ask for - putting the ball in her court before he takes further action.
thanks again for all your advice, it has made a difference.

[matilda57]

Tell him to get along to a (or a few) family solicitors asap - get one where the first half hour is free, so he can ask if he has a case - the solicitor will know immediately if he does, and what he can do. A solicitor may be expensive, but it's worth its weight in gold tbh. He can also ask if he can pay the fees in installments - I took many years to pay off a legal bill at £30pm. OR he could be eligible for legal aid (public funding), which would be assessed in the first free half hour. If he is, the solicitor will represent him until the funding comes through. He might try calling Womens Aid 0808 2000 247 who are well-up on issues like this and/or can refer him to orgs who will have all the info he needs. Hope it all works out.

[agnesnitt]

Best of luck to your friend. As much as we lambast men sometimes, they have a right to have access to their kids, especially if they work so hard for it like this chap seems to.

Hope it gets resolved amicably.

Agnes