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Hi, I have a 4 yr old daughter and PR lies with me as the…

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Hi, I have a 4 yr...
Hi,

I have a 4 yr old daughter and PR lies with me as the father is not on the birth certificate. When my daughter was a baby I went to court because the father was violent to me - he now has a criminal record for criminal damage and common assault. Because I did not wish to see him for a few months after this, he applied for PR and access, however after some time we decided to talk and arranged access without taking the matter to court. He has been seeing his daughter regularly for a couple of years now. However, all the picking up and dropping off is done by me and if I cant manage it, he cancels. He will also cancel regularly for reasons such as football or a hangover. He has never paid maintenance and I have never chased him for any.
Recently he has become verbally aggressive towards me again and begun saying things to my daughter that upset her.
I want to emigrate to Malaysia and am willing to bring her back twice yearly to see him.
How should this be arranged?
Regards,
Sarah
Submitted: 8 years ago.Category: UK Law
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Answered in 21 minutes by:
6/10/2010
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
Verified

hi

since he does not have pr then technically you could just take her - but then he could disrupt your plans at the last minute by applying for a prohibited steps order

it would be wiser to apply to the court for leave to remove her from the jurisdiction

given the facts you have outlined then you are likely to be successful

claire

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Customer reply replied 8 years ago
Thank you for your speedy response.

I am applying for jobs in Malaysia now but the liklihood is that I will have more luck finding one when I'm out there. Will this affect my chances of getting leave to remove her if I haven't secured employment?

Also, how long does it take to apply as I am planning to leave in September?

Finally, what is the first step in applying to the court?

Thank you,

Heather
Solicitor: Clare, Solicitor replied 8 years ago

hi

it will certainly be more difficult to secure permission if you do not have secure employment in place

the application will take six to nine months and you should make the application on a form c1

claire

 

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