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Keeping my daughter in the country

  • mmardeat
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15 Nov 24 #524582 by mmardeat
Topic started by mmardeat
These tend to get emotional as i am still coming to terms that this is happening.
I have a 2.5 month old child - the mother has turnted in to a zombie and her parents have successfully been able to convince her that i am the main enemy and reason for every thing that is worng with her life. The are going to try to take my child to India , and this I MUST STOP. Given what has been going on last few weeks, our separation and divorece is inevitable and I want to achive it by doing minimal harm to my child. I have already failed her by not being able to foresee and prevent a situation where she may now have to grow up without both parents being presnet all the time. But if she goes to India, i wont have the resources to fight my inlaws family.

Background:
- We are both Indian nationals and been in uk for 2 decades.
- We both have unlimited leave to remain (settled status) and qualify to get British Nationality, just have not done it as it did not affect our life.
- Wives parents are also indian nationals but here with a tourist Visa expiring in Jan.

My next action?

Option 1 -
Having spoken to a solicitor and been advise to take out a Prohibited Steps Order [PSO], which may cost about 4K - Can this be contested in the court by them? or is there some sort of gurantee that the child can not be taken out of the country without the consent of the father, even if i dont live in the same house in the near future.

Option 2 -
Should i just withhold giving concent on getting her a passport ? can she not get a passport any way from court if it can be established that i am withholding unreasonably?

Further more -
If I take British nationality now, for me and the baby, does it some how strenthen our case?

Thanks in advance for your help and suggestions and apologies if above reads like i am babbling..






  • rubytuesday
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15 Nov 24 #524583 by rubytuesday
Reply from rubytuesday
The legal postition is that neither parent may remove a child from the United Kindgom without either:
consent from all those with Parental Responsibility (usually just the other parent)
OR leave (permission from the court)
OR where there is a Child Arrangements Order that state the child lives with a parent- that parent may take the child out of the UK for up to 28 days each year without requiring consent from the other parent.

A PSO will reinforce the current legal postion which is that your ex can not up and leave and take your child with her. You can also ask for an "all ports" notice to be attached, this is then circualted around all ports so that if she does try to leave, she can be detained by port officials.

divorce.wikivorce.com/guides-children/ag...ted-steps-order.html

If you apply for a PSO, the other side will also attend the hearing, and be able to put forward thier arguments as to why a PSO isnt required. You may also wish to consider requesting that your child's poassport is held by a neutral third party (such as an independent solicitor) and is only to be released to parent upon producing either an appropriate court order, or written agreement from the other parent.

If you believe that abduction is likley do not delay in applying for a PSO - if you think removal of your child is imminent, you can apply for an emergency "without notice" hearing to try to secure an interim order to prevent your child being taken out of the UK.

Reunite have more information : www.reunite.org/

  • mmardeat
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15 Nov 24 #524585 by mmardeat
Reply from mmardeat
many thanks for your response..

1. can i just refuse to sign form for passport to deny them any opportunity?

2. does the 28 day thing works even if i am not living with the mother but the child is?

thanks again...

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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