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How To Advise Leo?
Karen, who is Australian, met Leo in Wales, when she was backpacking around the world three years ago. As Karen became pregnant she decided to stay in Wales. Karen and Leo lived together for six months but separated before their son, Mitch was born. Since Mitch was one year old, he has stayed with Leo for three nights a week. Karen has just told Leo that she wants to return to Australia as she feels lonely and isolated in Wales. Her doctor has diagnosed her with depression. Leo does not want Karen to take Leo to Australia, as he is concerned that their relationship will deteriorate. Karen has told Leo that he has no right to decide where Mitch lives, as they have never been married.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Leo can make the child a ward of court, affidavits can go back and forth, and a hearing can be set. However, the judge will not force Karen to keep the child in the UK unless she is declared an unfit or dangerous mother. She will claim that she will have her family's support in Australia, and that the child will be incorporated into her Australian family, Wardship proceedings will be expensive, although you can do without a solicitor if you must. Presumably the child's birth certificate names the father ? Still, Leo may as well accept now that the child is going to live in Australia.
if Leo is on the birth certificate as biological father he can apply for a Prohibited Steps Order preventing mother taking the kid to Australia. She has a right to overturn the Order by pleading that it will cause her and the kid undue anguish being separated. he Courts will usually look at kid welfare I think?
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