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abbgray | 21:55 Sun 17th Oct 2004 | Parenting
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divorced for ten years,with 1 daughter age 13 who lives with her mum and step dad,can my ex go and live abroad with my daughter,with out my consent

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In short yes,

If she has full custordy of the child & you dont have visitor rights,  if not it is as well to speak to your solicitor.

Also please think about WHY you would not want her to go abroad?  Put yourself in the positions of being the one who was moving and your ex refusing to let you take your daughter?

 

Divorce is hard enough on kids without parents fighting, so PLEASE think long and hard about your reasons for not wanting her to take your daughter ....... it is so cheap and fast to travel anywhere nowadays, there is the internet to keep in touch, so many ways to bridge the miles.

 

Hugs to you. xxxx

If the parents of the child are married to one another at the time of the birth of the child, they shall both have custody of the child. If the mother of the child is not married, she is the sole custodian. Also after the establishment of paternity, the mother will remain the sole custodian, unless the parents agree otherwise or a court order is issued in the matter.

If the parents have joint custody, neither parent has the right to take the child abroad without the consent of the other parent.

 

hope this helps xx

Hello,

My ex(in Los Angeles) and I have joint custody of my son and I currently live in Canada, when I left I had to have a notorized letter advising that my ex gave me permission to leave the country with our son.  If you have joint custody she will have to get permission from you.  Regards,  Mahlei

Yes, she can. However you might be able to stop her, because it's a sort of kidnapping. There are some case law examples. What does your daughter want? Whatever reasons her mom may have, your daughter is not her "posession". Your X must also be responsible for promoting meaningful family relationship between your daughter and you. Join FNF before instructing a solicitor.

If you have either both signed a PR, parental responsibilty agreement or you have applied to the courts for one, she needs your permission to take your daughter abroad, for schooling choices and medical decisions.

If you were married at the time of her birth you may have automatic PR.

If you dont have one, i suggest you apply to the courts for one, you will need to provide evidence of why you deserve it, i.e. you see her regularly, pay maintenance etc.- The court normally prefers to give you PR rather than not.

Also consider the post by MrsCheeks, fair- she has a point but man i know right where you are coming from.

Good luck mate !

Are you from UK? If so, then - despite what previous posts have said - you automatically have Parental Responsibility if you were married to the mother (before or since the birth). Unless, of course, the court has taken it away from you.

Your ex can take your daughter out of the country for up to a month without your permission but, if you have PR, then leaving the country for longer than a month then your permission is needed.

I would strongly advise that your next step is consult a solicitor, many offer an initial consultation for free. Or, you can try the CAB?

I stand corrected !

 

hi yes she can write me at my e mail [email protected]

 

I had full custody of my son and I still had to get permission from his father in writing to leave the state. He did luckily, however he asked if he could fight it the official told him he could try but the odds were the judge would grant me the right to leave anyway.
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