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When neither parent will agree to the other having custody...........?

6 replies

jmg1 · 25/10/2006 18:08

Two parents split up, neither agrees to the other having custody of the child and either parent could raise the child what happens.

Also if the parent who mostly looks after the child wishes to move to another Country what happens.

To make it more complicated this is not in the UK but I would like to know how UK law would work cause it could be similar here and perhaps european human rights could come into effect.

One parent wishes to go to live in the UK with the child but the other would not agree to this.

OP posts:
BATtymumma · 25/10/2006 18:11

it wuld go to court and the court would decide residency.

if the parent who gets residency is the one who wishes to move they would also need to get the courts permission to allow this move.

LadyDooM · 25/10/2006 19:02

Jmg1- I moved with my kids from america to the UK. I had custody however, but had to go to court to ask permission for the move. My ex was totally against it. Im sure my situation is much different than yours, but Im guessing the courts will have to sort it out. You would have to have valid reasons for the move and your ex would more then likely have to agree to the move or you would have to work out some sort of visitation. Example- Kids going to stay with him for the summers

LadyDooM · 25/10/2006 19:07

Ps- Also passports and visa's (if you need them)will not be issued for minor children usually, without the consent of both parents. Unless you have court documents that say otherwise. I am speaking from my situation only. I don't know about other countries. You best start would be to check your countries immigration laws on children. Also check UK immigration laws for entering the UK.

jmg1 · 25/10/2006 19:45

I am currently in Portugal, I have three kids of my own, sadly their Mother died nearly four years ago.
My dp is Portuguese, she has 1 child, the father is also Portuguese and is possibly the most selfish, awkward and stubborn man I have come across. After numerous affairs his first wife left him. After a Court battle, she got custody of their daughter and he got custody of their son. The boy was 11 and wanted to live with his Father.
My dp's son is 6, he has lived with dp since the split, does that make any difference for custody decision?

OP posts:
BATtymumma · 25/10/2006 19:57

I 98% of cases the parent who has main parental care fo rthe child is the one that will get resedency unless itis proved that parent is unfit.

LadyDooM · 25/10/2006 22:58

jmg1- I think you should consult a solicitor, Just for advice on the matter. I can't give any more details than just from my own situation, which is quite different in alot of aspects from yours.

Sorry I can't be of more detailed help.

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