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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6258
Experience:  BA (Hons), PgDip, Practising Solicitor
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My english daughter is three months pregnant and the father

Customer Question

My english daughter is three months pregnant and the father is a sicilian. Both living in uk but not cohabiting. The relationship has broken down and the father is probably returning to Sicily. How can my daughter protect herself and the baby from future complications e.g registering the birth and custody issues.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Thomas replied 4 years ago.
HelloCustomer

"Parental Responsibility" gives the parent the responsibility for taking part in all the important decisions in the child's life (eg. contact, education, health, religion. Note that more than one, or even two, people can have PR.

If your daughter and her husband are unmarried then he may obtain parental responsibility by either being registered on the child's birth certificate, entering into a parental responsibility agreement with your daughter, applying to the court for a PR order, marrying your daughter or being appointed guardian of the child by your daughter (or court).


In short, If he is not on the birth certificate then it is more complicated for him to exercise influence over the decisions in the childs life. He still can (ie. by applying to the court) because as father he is allowed to assert his rights but it is a more elaborate way than just by being registered.


The Childrens Act 1989 also holds that in determining the upbringing of a child the child's welfare shall be the court's paramount consideration. This means that the courts are loathe to make significant changes to a child's upbringing if it makes no real improvement on the welfare (eg. physical, emotional, educations, wishes of the child) of the child. If you daughter's child is well looked after with your daughter then the courts will be reluctant to order a change.


If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask followup questions.



Kind regards,





Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6258
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thak you for your reply and I have noted the birth registration information. However I would be grateful if you would expand your reply to answer the following concerns:-

a) What are the legal implications of the baby being born in Italy v England? (I am a retired uk citizen living in Puglia Italy and it is a possibilty that my daughter may have to come to live with me) We would not want to complicate matters by the baby being born in the wrong country

b) My daughter (in an ideal world) would like the father to be part of the baby's life. However she is worried that if she allows this he will want to take the child to Sicily to visit his parents (a very natural thing to do) but my daughter's concerns are that he will not return the baby to her and would want the baby to be raised by his family in Sicily. ( He has become very possessive, dictatorial and aggressive lately as major differences in family culture have been highlighted). What can my daughter do to limit this possibility whilst trying to be fair?

Customer: replied 4 years ago.
Thank you for the reply but I cannot access it.
Customer: replied 4 years ago.
I would be grateful if you will resent the second answer please as I could not access it. Thank you
Expert:  Clare replied 4 years ago.

hi

my advice would be to ensure that the baby is born and registered in the uk and that your daughter ensures that she and the baby spend sufficient time here to ensure that the uk is seen as the country of domicile

this means that it will be an english court that determines and issues involiving residence and contact

provided that she does not name the father on the birth certificate he will not get automatic parental responsibility which will ensure that should he take the child from yoru daughter the police will be able to assist her in recovering the baby

so far as contact is concerned the law will expect the father to have regular contact with the baby away from your daughter and it would be sensible to agree a pattern as soon as possible - but clearly such safeguards as keeping the childs passport will have to be considered

in the event that the child was taken your daughter can make an application to the court for the return of the child to the uk and under the terms of the hague convention this should be successful

more details here

www.reunite.org

claire

Customer: replied 4 years ago.

Thank you for your reply it is most helpful. Hopefully to be forearmed will ensure minimal problms for my daughter and a happy life for the baby. Thank you

Expert:  Clare replied 4 years ago.
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