moving abroad help

[lozzylou]

hi my friend has a little girl who is nearly 2, her and the childs father split bout 12 months ago. she is now in a stable relationship and her and her new partner have been offered a great oppertunity out in australia. she hasnt yet made a decision or spoke to the childs father but if he says she cant take the child, has she got any rights.

[Bettyboo22]

If she was given custody when they split and the child isn't old enough to make their own decision. She has the right to take the child to australia and he can't stop her.

[daffy654]

Was she married to the child's father? Is his name on the birth certificate and does he have parental responsibility?
All these things have a bearing on whether she can take the child abroad for an extended period of time without his consent.

[lozzylou]

they were not married, his name is on the birth certificate. when they split theyagreed access between themselves it has never been to court

[bednobs]

if he is on the BC he should have automatic parental responsibility, therefore she will need his permission

[carron81]

does the child have a passport? if not i think the father has to sign the passport forms and give his passport number

[curiosity]

The child was obviously born after 2003 and the fathers name is on the birth certificate, which means he does have parental responsibility. (prior to 2003 unmarried fathers don't automatically) and after 2003 they don't unless married or on the birth certificate, or it may even be he had to be present at the registration and have his name on certificate, not sure about that one, worth checking.

[Ethel]

As the child was born after 2003 and his name is on the birth certificate he has parental responsibility. This means, among things that he has to give his consent to the child emigrating.
http://www.direct.gov.uk/en/Parents/ParentsRig hts/DG_4002954

If he objects to the child going to Australia the mother can go to court to resolve the matter, not necessarily in her favour.

[lozzylou]

thanks for that link ethel

[LFCFan5]

Hi

Just because the fathers name is on the birth certificate it does not give him any legal responsibilities from my experience in the past, if they were not married..Im not with my childs father but his name is on B/C. I am legally responsible for my child. If they are still on good terms & he still sees the child then maybe he/she can stay on school breaks. I really dont think the father can stop your friend from going, but its best just to get legal advice. x

[dancecaller]

Your friend should think very hard about the child's interests here.
We can't advise as we don't know the people and the reason they split, but by moving so far she will be cutting contact between the child and her father.
She should look for advice from Relate or some other counsellors who can help her work out what is best for all concerned.