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Legal matters

parental authority

7 replies

academy123 · 14/12/2014 17:43

Can anyone answer this question for me?
If 2 parents separate and then divorce, with the child having been taken to another European country by the mother and in that divorce
parental authority is taken from the father. What would happen if the mother died? Would the father have parental authority
restored automatically?

OP posts:
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HedgehogsDontBite · 14/12/2014 18:12

I would imagine that it would fall under the jurisdiction of the country where the child lives.

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26Point2Miles · 14/12/2014 18:15

Do you mean parental responsibility?

It's rare it's removed from a parent.... What were the circs?

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insancerre · 14/12/2014 18:27

Divorced parents still maintain parental authority unless there is a court order

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insancerre · 14/12/2014 18:28

Meant parental responsibility

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STIDW · 14/12/2014 20:43

Parental Responsibility is very rarely revoked, but if it was it wouldn't be automatically be reinstated in the UK. In fact even if someone has Parental Responsibility a child wouldn't necessarily go and live with the other parent if the parent with the majority of care died. If a new partner or extended family or friends were more involved with a child they may be granted leave to apply to the courts and the court could decide to place the child with them.

However if a child habitually lives in another country it would be the courts that decide according to their own law.

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STIDW · 14/12/2014 23:38

Sorry that should read "However if a child habitually lives in another country it would be the courts there that decide according to their own law.

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prh47bridge · 15/12/2014 01:09

If the parents were married the only way the father can lose PR under UK law is if the child is adopted. He does not lose PR just because the parents divorce.

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