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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29056
Experience:  25 years experience of all aspects of family law
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Does being married to someone in this country give you more

Resolved Question:

Does being married to someone in this country give you more rights over children then not being married ? what rights are they & what will that allow ?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question I shall do my best to assist you.
Being married to the mother of your child does not make any difference unless the child was born before 2003.
What makes a difference is being named on the birth certificate.
If the father is named on the birth certificate then he has Parental Responsibility for the child and the right to be involved in all major issues in the child's life
You can read more about Parental Responsibility here
http://www.childrenslegalcentre.com/userfiles/Parental%20Responsibility.pdf
If you are not named on the birth Certificate then you can either obtain Parental Responsibility by both parents signing Parental Responsibility Agreement - or by applying to the Courts for a PR Order
I hope that this is of some assistance
Claire
Customer: replied 1 year ago.

Would access to NHS services available to a baby who has been through open heart surgery in the u.s.a & is now with a heart condition that needs a paedeatric cardiologist for life for monitoring & at least for the immediate future requires occupational & physical therapies be a strong point to make the argument that the baby is better off in the uk with the father rather then with the mother who chooses to go to the u.s.a which is where the child and mother were born?


 


Father has been paying in thousands to provide for these therapies & it will continue to cost that, mother has not income & is pretty much without the father a dependent of her mother who is disabled.


 


How strong would the fathers case be for the child to remain in the u.k if he was married to the mother in the u.k & a spouse visa has now been obtained too to live in the u.k.

Expert:  Clare replied 1 year ago.
Hi
The issue is about what is best for the child - not about whether the parents are married or what visas are involved.
The cost of care argument is a good one - but of course it depends what counter arguments the mother produces and how she would cover the costs of care
There is case law and guidance available here
http://www.relocationcampaign.co.uk/
But no one can predict the outcome given the current position
Claire
Customer: replied 1 year ago.

by shared care do they mean being in the same house caring for a child ?

Expert:  Clare replied 1 year ago.
Hi
Shared Care can also mean the child spending part of the time with each parent in separate households.
Your major problem will be that the child has always lived with mum - but not always lived with you
Claire
Customer: replied 1 year ago.

I was actually there for the birth, stayed after birth for 2.5 weeks, then came back to uk & flew back out 1.5 week later when baby fell ill & was taken to hospital & spent two weeks there again, baby as yet is not even 3 months, if after this baby comes to the u.k & stays here for 6-9 months with father & mother in the house, would that not change the picture somewhat about fathers involvement at that stage ?

Expert:  Clare replied 1 year ago.
Hi
It will help but frankly it is impossible to gauge what the outcome would be - and anyone who tells you otherwise is not being honest with you
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29056
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

If I am not married to someone, she is in the u.s & i am in the u.k & we have a child that is born in the usa & is with her & she no longer wants to have anything to do with me? can she come after me for money etc ? how would that work & what can she do ?

Expert:  Clare replied 1 year ago.
Hi
Yes I am afraid that she can still pursue you for child maintenance.
She can either do this by applying to the courts in this country to set a figure, or applying using the process in her local State and then arranging for it to be enforced (if you do not pay) using the REMO process described here
http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitor
Claire
Customer: replied 1 year ago.

If the child needs regular therapies which are costing thousands every month which the father has been paying & the child is eligible for free NHS care in the u.k can he obtain custody of the child from the mother in the u.s ?

Expert:  Clare replied 1 year ago.
HI
No that will not be seen as a good reason for changing Residence.
However neither can the father be forced to pay the health care fees
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29056
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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Clare
Clare
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