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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34275
Experience:  25 years experience of all aspects of family law
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can a father insist on keeping a child in the country on medical

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can a father insist on keeping a child in the country on medical grounds & prevent the mother from taking the child away
Thank you for your question.
I will do my best to help but I need some further information first.
How old is the child, where does the mother wish to take the child and for how long and what is your objection to this
Customer: replied 4 years ago.

mother is american, child born in u.s too, child had serious heart condition and had open heart surgery at 3.5 weeks in texas, out of hospital now & is at home in the u.s with mother, child is currenly 2.5 months and cannot travel yet, but planning to come to the u.k to live, medical care in u.s. for therapies is extortionate, here i can provide nhs for the baby, mother & me have had some issues, she keeps threatening to end with me, i am afraid when she comes & for some small reason she will leave & take my kid with her to the u.s, i do not want that to happen as i feel i can give better care here, i would still like to make it work with the mother but she keeps threatening me and using the child against me so i want to see what my options are to secure the child here

So the mother and baby are coming to the UK to live permanently - has the mother got a visa allowing her to do so?
Customer: replied 4 years ago.

Yes that is the plan, mother is currently on a fiance visa & we do have a registration booked but i am now hesitant to go through with it as by marrying her i am thinking she will have full rights upon me, i normally wouldn't mind but her repeated threats are worrying me what she might do in the future as she is so volatile, but if i don't either have the registration done & apply for a spouse visa or in the least try to get an extension to the visa based on our circumstances with the baby's operation, I am concerned she wont bring the baby after or if she does might try to take the baby with her later, I cannot imagine life without my child who will be in another country

If she and the baby settle in the UK and she later wishes to return home then she will need either your agreement or the permission of the Court to return to the States.
However realistically if the baby is unwell and the mother has been the main carer there is a fair chance that the court would indeed let her return home.
You can read more about the issues here
Customer: replied 4 years ago.

The baby's mother is currently a dependant of her mother who is disabled & there is no income, the kind of care the baby needs which is quite intensive ie 3 occupational therapy sessions a week plus physical therapy is costing approx $5000 per month & as this is the first month I have paid that but have said that as soon as the baby can fly, I need her in the u.k as I can have her treated on the NHS, so if there is no money sent there how can they pay for the treatment, only I can so therefore I am saying that for the interest of the baby is it not better for the baby to be in the u.k with me as ultimately what is in the childs interest is ultimately what i would of thought would be looked at, the child will for life need a paedeatric cardiologist & I can even provide a carer at home here in the u.k.

That is certainly an argument you can use should the problem arise - and it could be very convincing
Customer: replied 4 years ago.

So if for a holiday I did allow the mother to take the baby to see her family in the u.s & she then decides not to come back after the court has ordered the child should remain in the u.k for in the best interests of the child, where does that leave me ?

You will be able to make application in the states for the forced return of the child to the UK using the Hague Convention.
You can read more here
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