Active discussions

Are your children’s vaccines up to date?

Set a reminder

Please or to access all these features

Talk
Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

Original poster

Taking child to live abroad

8 replies

SpottedTiger · 03/08/2023 15:49

Posting on behalf of a friend.

My friend is a foreign national, her child was born in her home country when she was a single parent and father (British) is not on the birth certificate. Child has duel nationality. My friend came to live in the UK when child was older to facilitate a relationship between the child and their father, however things have broken down between them and she is now considering returning to her home country. Father is trying to stop her returning to her home country with the child. He has had DNA test and is going to court for parental responsibility.

Does anyone know anything about the legalities involved?

OP posts:
Are your children’s vaccines up to date?
Set a reminder
hopelessmum1 · 04/08/2023 03:59

That is the danger of rekindling a relationship with the birth father. They will take the child opinions into account as he/she is older.

OrderOfTheKookaburra · 04/08/2023 04:01

How long has she lived in the UK?

AlexandriasWindmill · 04/08/2023 04:11

iirc if her DP doesn't yet have parental responsibility then he wouldn't be able to stop her leaving atm. But he can still pursue custody even after she has left and the court can rule on custody options. Whether or not your friend has to adhere to them depends on which country she will be living in and whether it's signed up to the Hague Convention.
If her DP already has parental responsibility then she can't move the DC overseas without their permission and/or a court deciding where is in the best interests for the DC to live. As PP said, they'll take the DC's wishes into account and they usually err towards the DC staying where they are. But it's not unknown for them to support a move. It depends on circumstances.

Shurleyknot · 04/08/2023 06:43

How has the child dual nationality if born and raised in the other country without the father on the birthcert?

Currently I would tell her just to get on a plane and go back as he can currently do nothing but if he brings her to court he may get what he wants and can try stop her then.

BringOnSummerHolidays · 04/08/2023 07:25

If the father is not on the birth certificate, I will try and leave now as soon as possible. I assume he has no parental responsibility yet.

Original poster
SpottedTiger · 04/08/2023 08:37

Thank you, child is 4, they have been here just over a year. He doesn't have parental responsibility yet, but is trying to get it. I'm guessing that court will award it as he has been an active part in the child's life whist they have been here. Will British courts be able to award parental responsibility if the child is no longer a UK resident? Or would he have to go to the courts in her home country. The country is a Hague signatory. The child has duel nationality I don't know the details, guessing it was linked with visa applications. Also if he was to get parental responsibility and prevent the child returning is there a chance of Mum's visa not being renewed and her having to leave the child here?

OP posts:
TreesandFish · 04/08/2023 08:54

Too many uncertainties. If the child got their nationality via the father, there's already an acknowledgment that he's the father. Otherwise, being 4 years old, they cannot have got it after having settle status. Not enough time! (I'm a dual national and got mine that way)

If the child has to stay, the mother will be allowed to stay as well

hopelessmum1 · 04/08/2023 09:22

I must admit I would get on a plane asap

New posts on this thread. Refresh page