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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28141
Experience:  25 years experience of all aspects of family law
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I am currently living in England with my wife & baby who is

Customer Question

I am currently living in England with my wife & baby who is 6 months of age, they have both been in the country for almost 2 months now, my baby was born in texas, u.s.a, a few weeks after she was born we learned she had a serious heart condition for which she was operated on with open heart surgery, she also prior to that suffered a from a stroke from which she had damage to her brain & has now a weaker left side of her body then her right, whilst in america i was paying for my daughters therapies which were costing a fortune i.e. $5000 per month, I was eager to bring my wife & child back as this is where I live & I felt it was the best place for my daughter & her treatment as I am entitled to NHS treatment as is she as my child, we were referred to great ormond street hospital for children & we visited there & they did some tests on her heart & said it seems to be working fine but they will need to keep track of it, on top of that they have written a letter to my GP asking for them to refer my daughter for speech therapy, physical therapy as well as other treatments.

My wife & I have been having some problems & she has threatened to leave taking my daughter with her, I am very concerned especially out of the well being of my daughter as I feel this is where she will get the best care, the hospital in the u.s.a have already for the operation sent a huge bill which neither I or my wife can afford, the therapies & treatment that my baby needs she will get for free here under the nhs especially for the amount of tax that i have paid in my life, my daughter also has a british passport now & is entitled to treatment, I would like to know what I could do to prevent my wife from taking my child out of the country
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
You can apply to the court for a Prohibited Steps Order to prevent your wife removing the child from the Uk without your consent or the permission of the court.
You apply using a form C100 and the fee is £215.
More details about court applications here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 1 year ago.

Thank you for your reply, is this prohibited steps order something that I would likely be granted given the situation or is it something which is a 50-50 & the court will decide on the day, not holding you to any answer im just trying to know whether I am well within my rights to make this order come into force or whether I have to purely hope that the court will grant this order ?

Expert:  Clare replied 1 year ago.
Hi
The fact is that neither of you can take the child out of the country without the agreement of the other parent or an order from the court - so the order Will be made at the start.
However this may mean that the mother seeks legal advice and applies to the court for permission to return home with her baby - and may argue that since the baby has only been in the UK for two months it is Texas State Law which should decide the eventual Residence - and that is an outcome I cannot begin to predict
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28141
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
So if the baby has been here for 2 months only, how much time will be considered as enough time where the baby has been residing in the uk where British law will apply?
Expert:  Clare replied 1 year ago.
Hi
It would have to be at least six months - 12 months for certainty
Claire
Customer: replied 1 year ago.
What if my wife wants to go alone & leave the baby at this stage? where would that leave me? How will the court likely view that? Is it more important that my baby stays here in the eyes of the court to say that my child belongs in the uk & it will be under British law rather then Texas law?
Expert:  Clare replied 1 year ago.
Hi
It is where the child lives that is crucial
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28141
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi Claire, just a follow up question on this, I know you stated to me already that it will have to be 6-12 months for certainty that British law will apply but then after that what is the likelihood that my wife could still take my daughter to the u.s away from me? is it more likely that the court will say to her that she cannot take the baby out of the country without my permission ? or being the mother is he more likely to grant her leave with my daughter ? I did obviously mention above that my daughter is a heart patient & is under the care of Great Ormond Street Hospital as well as other NHS areas & is now also being seen by private paedeatrician at Great Portland Street Hospital to help with the effects that she suffered from the stroke that she suffered when she was being operated on.

Expert:  Clare replied 11 months ago.
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