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[Solved] my rights


Posts: 4
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Topic starter
(@philsheff)
Active Member
Joined: 13 years ago

Hi, im new to all this and need some advice, my estranged partner has taken our 8yr old daughter to live 230 miles away from me without my consent, i have a rough idea where she is but not 100% and she wont answer her phone or texts. Can she do this?
thanks
phil


7 Replies
7 Replies
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(@Babyreecesdaddy)
Joined: 13 years ago

Estimable Member
Posts: 127

Were you married and are you on the birth certificate?


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(@philsheff)
Joined: 13 years ago

Active Member
Posts: 4

no we are not married but we have lived together for just over 10 years, yes i am on the birth certificate


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(@philsheff)
Joined: 13 years ago

Active Member
Posts: 4

no we are not married but we have lived together for just over 10 years, yes i am on the birth certificate


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Hi there 🙂

As you are on the birth certificate you do have Parental Responsibility. Heres a link that explains about Seek and Find Orders. These must be obtained through the Court system. You could try txting her to let her know that you have looked into your rights and you can go to court to find out where your child is. She needs to understand that not only is she punishing you by her actions, but she is hurting your child too. Tell her that you dont want to take this course of action but you will do everything in your power to maintain your relationship with your child.
Try not to come across as threatening, rather that you are motivated by your love for your child and the desire to be a part of her life. It is every childs right to have both parents involved in their upbringing and she will be missing you.

www.thecustodyminefield.com/mobile/seekandfindorders.html


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(@philsheff)
Joined: 13 years ago

Active Member
Posts: 4

Thank you for the info. One thing I need to know, has she the right to clear off 230 miles up the road without my consent?


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

In an ideal world she should have discussed the move with you and sought your agreement, but basically she can do pretty much as she likes. 🙁

The .gov website states ~

If you have Parental responsibility for a child you dont live with, you dont necessarily have a right to contact with them, but the other parent still needs to keep you updated about their well being and progress. You have the right to be consulted about any medical treatment or their education. You can ask the school that your child attends to be kept informed about the childs progress and to receive reports etc.

As she has moved such a long way away it seems her intention is to try and prevent regular contact. The only way you can assure contact is to take legal action and apply to the court for a Contact Order. There is plenty of information here and if you take a look at the stickys at the top of the Legal Eagle section there are guides about the C100 form, which is the form you would submit to court to apply for contact, and guides to representing yourself in Court. Entitlement to Legal Aid was stopped on 1st April for people on benefits or on a low income, solicitors cost thousands, literally! The only way forward for lots of people will be to self represent. There are many here that have done so or are going through the process.

Best of luck 🙂


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 actd
Registered
(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

If she has a genuine reason to move to that area (family support, job, where she lived previously etc) and it's still within the UK, then a court is unlikely to prevent the move (or order her back). If the sole intention is to prevent contact, then a court may be prepared to act.


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