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How To Advise Leo?

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gogasz | 13:29 Sun 20th Jan 2013 | Law
12 Answers
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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Four questions in five minutes seems a bit much. If you have any more I suggest you wait and see whether you get help with these.
If you could give a draft answer to each I'm sure one of our experts would comment on your draft
Looks like some sort of homework.

Maybe they are studying to work in social services.

They are not going to be much good if they have to rush and ask what to do on the internet every time they hit a problem.
Question Author
I think that they have got joint responsibility and he can try to stop her to go abroad with his son
Fair point gogasz. Say why you think that.
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.
Question Author
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?
Crikey gogasz, you know a lot of people with complicated lives.
Question Author
unfortunately sad but is true :/
nah. this is some kind of coursework or trolling.
It will be homework- we have had Amanda, Ben, Connor, Dennis, Elaine, Fred, George, Helen, Isobella, Jessica, Karen, Leo and Mitch.
Maybe Ned, Oliver, Pam, Quentin, Roger, Suzie etc will feature in further questions.
To be fair, though, gorgasz has made some good suggestions in his/her answers
Question Author
It would be no future questions, and I am happy to hear that how I am thinking is ok. Thank you.
do you own homework or at the very least, have the decency to admit that you're stuck on your homework

Please and thank you wouldn't go amiss either

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