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Legal advice re children.

6 replies

HannaJoy · 24/02/2020 13:52

Hello, im asking here in the hope someone will know what to do in this situation. 3 years ago my cousin had a relationship with a lady from Poland. This relationship resulted in twins however she did a moonlight flit back to poland just before the twins were due to be born. Ever since then cousin talks to her on the phone to facetime his girls. Now though his ex has decided she wants to return to the uk in the wake of brexit however she is manipulative and likes to threaten to leave if he doesnt get back together with her (she has diagnosed mh problems which she has in the past been medicated for which can make her behaviour unpredictable.) The problem is the children have polish birth certificates and passports and his name is not on anything to say he is the dad. Her family are very unwelcoming and threatened cousin if he ever showed up to see his dc then they would assault him so he's never been. Now though she has booked a coach to bring her back to the uk to london (he lives in yorkshire). He has asked me to ask how he goes about getting parental rights or at least his name on the documents so she cant just take the girls away any time she feels like it. Thank you for reading

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Hehx3 · 24/02/2020 23:37

Hi op, I dont have any experience with this but I think he would need to prove he is a father so DNA tests.

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prh47bridge · 25/02/2020 00:51

DNA tests will only be needed if the mother denies he is the father.

If she is going to live permanently in England, he can get parental responsibility (NOT parental rights) either through agreement with the mother which is registered with the courts or, if she will not agree, by getting a court order.

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HannaJoy · 25/02/2020 10:16

Thank you i will deffo get him to try court. His worry about that is she can still take them back to poland any time she wants to and he cant do anything to stop it.

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Collaborate · 25/02/2020 10:26

He can stop her taking the child back to Poland in the event that the child becomes habitually resident in the UK. That might have happened already, or it may take some time to occur. He really needs to seek that legal advice from someone that deals with international family law cases.

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Collaborate · 25/02/2020 10:27

If he goes to court now it may well be acting too soon, and she will scarper back to Poland.

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HannaJoy · 25/02/2020 10:43

Thank you i will tell him all of this. Right now he is just desperate to get them into the uk and actually see them face to face and hug them. He will have to see where she plans to live as he doesnt know where she wants to live or for how long. She has no money and we dont know if she can claim benefits or how brexit will affect the situation. We also know after the first time shes manipulative and very capable of leaving without a word and withholding the children for years.