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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28087
Experience:  25 years experience of all aspects of family law
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Hi, I wanted to know, under what circumstances would a judge

Resolved Question:

Hi, I wanted to know, under what circumstances would a judge give a court order preventing the removal of a child out of the country or away from the father if the child has habitual residency in the uk, the child and mother are born in america but father is uk born, child will be coming to the country with mother. So if mother after 7 months tried to take the baby with the intention of not coming back to the uk.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question, I will do my best to assist.
If the child is habitually resident in the UK then the mother will need to apply to the Courts for Leave to Remove the child from the UK.
These are not easy cases when it comes to predicting outcomes - but the fact that the mother would be returning home would be an important plus in her favour
You can read more here
http://www.anthonygold.co.uk/site/ang_articles/leave.html
I hope that this is of assistance to you
Claire
Customer: replied 1 year ago.

what if the father is married to the mother & the wedding was in the uk & the child also as a result of being born to a british father has now got british residency, would the mother not be prevented as the family life is now in the uk & she would be taking the child away from the father ?

Expert:  Clare replied 1 year ago.
Hi
That would be for the Judge on the day to decide I am afraid
Claire
Customer: replied 1 year ago.

Thanks

Expert:  Clare replied 1 year ago.
Hi
You are most welcome
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28087
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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