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Legal advice re children.

13 replies

HannaJoy · 24/02/2020 13:38

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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HannaJoy · 24/02/2020 13:59

Anyone? I have been googling but everythings confusing at it all seems to be about a mother registering the birth.

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TheJoxter · 24/02/2020 14:35

He can take it to court, they’ll need to do a dna test then he can be put on the birth certificates

Apolloanddaphne · 24/02/2020 14:37

Surely this would need to be done in Poland as the twins are not British?

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HannaJoy · 24/02/2020 14:38

Thanks for replying. Can this be done in the uk given the births are registered in poland? And does anyone know about the costs?

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HannaJoy · 24/02/2020 14:39

Thats what i thought. She wont be at all willing to return to poland and let him go on the birth cert as she tells him constantly he will kidnap the girls which is obviously stupid especially as she is the one who left.

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HannaJoy · 24/02/2020 15:18

We are not even sure how to go about this or solicitors or costs etc. He is on a very low income and has no family able to help.

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FireflyGirl · 24/02/2020 15:51

Call some local solicitors - many will do a free 30/60 minute consultation to give him an idea what he would need to do and how much it would cost.

HannaJoy · 24/02/2020 15:59

Thank you fireflygirl I will get him to try that as that could be good if they give him some free advice. He is very low income and worried that if he saves for a solicitor they might not even know what to do or take his money and leave him in the same predicament. He doesnt want to take the girls away from their dm he simply wants access that she can't return to poland and withhold them from him again whenever she feels like.

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Clangus00 · 24/02/2020 16:06

I’m not an expert so please don’t take what I say as the truth.
BUT I doubt a British court would be able to impose a travel order on foreign citizens. They won’t be able to order the Polish Government to issue new birth certificates for the girls either. At most the British court could do would be to order a DNA test and grant supervised (for a while) access. Does your brother already pay regular appropriately calculated maintenance for the girls?

HannaJoy · 24/02/2020 16:11

Thats what he is worried about. Im very close to my cousin so i have seen how this has destroyed him for the last 3 years. He is very worried she can up and leave at any time she wants so he will never be able to see his girls again. He doesnt pay set maintanance as she makes no plans. He just asks her how much she needs every month and sends whatever ammount she says she needs. When she arrives in the uk he will be funding her and the girls to live with a relative for a short time but he doesnt know if she can claim benefits or how it will work.

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HannaJoy · 24/02/2020 16:37

I wonder if it is possible he could contact a lawyer in poland and see if it can be arranged from overseas. Cousin doesnt have a passport (personal reasons) so its very complicated.

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Clangus00 · 24/02/2020 16:47

Brexit is going to make all this a helluva lot harder OP.

HannaJoy · 24/02/2020 16:54

I know :( brexit is the only reason she has chosen to come back now.

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