Wife taking my daughter away

Wife taking my daughter away

Author
Discussion

Rockape

Original Poster:

264 posts

179 months

Tuesday 16th December 2014
quotequote all
Folks I'm needing some advice from those in the know. I will be speaking to my solicitor regarding this first thing.

I have just learned that my wife whom I am separated from intends taking my child to Northern Ireland permanently in the next week. I have not been consulted regarding this at all and this is out of the blue. Clearly I am not very happy and will do anything to stop this. Due to criminal proceedings against my wife I have had no contact with the wife directly always through other members of her family. To say they have been difficult during his time is putting it mildly.

The circumstances briefly are we have been separated for two years. My daughter is resident in Scotland and has been since birth. She stays with her mother. I have contact with my daughter as and when it suits her mother, this last month has been a nightmare to be honest. I have not been told anything about this move. I have only found out through a mutual third party.

I am aware that my wife can take my daughter anywhere in the UK without my consent. I am keen to here from those in the know as to what I can expect. What options are open to me. Is there anything that the court can do to stop this happening.

Sorry it's a bit short. It's come right out of the blue!!!

smithsi

511 posts

229 months

Tuesday 16th December 2014
quotequote all
In no particular order you need:
- contact order so that you have formal documented contact with your daughter
- prohibited steps order to prevent daughter moving

If you can persuade your ex to go to mediation would be less costly

I think contact order has been changed name to child arrangement order, not sure new name for .

Get some legal advice from a solicitor rather than a bloke on the internet.

Martin4x4

6,506 posts

132 months

Tuesday 16th December 2014
quotequote all

"Due to criminal proceedings against my wife"

What do you mean by this?

mph1977

12,467 posts

168 months

Tuesday 16th December 2014
quotequote all
rockape

are you still serving ( as i assume that's where the nick came from) ?

do you have parental responsibility?

Rockape

Original Poster:

264 posts

179 months

Tuesday 16th December 2014
quotequote all
Martin4x4 said:
"Due to criminal proceedings against my wife"

What do you mean by this?
My wife's conduct resulted in a complaint from me to the police.

Rockape

Original Poster:

264 posts

179 months

Tuesday 16th December 2014
quotequote all
mph1977 said:
rockape

are you still serving ( as i assume that's where the nick came from) ?

do you have parental responsibility?
Ex Rock. Been out for nearly 15 years now.

Yep I have parental responsibility and rights.

mph1977

12,467 posts

168 months

Tuesday 16th December 2014
quotequote all
Rockape said:
mph1977 said:
rockape

are you still serving ( as i assume that's where the nick came from) ?

do you have parental responsibility?
Ex Rock. Been out for nearly 15 years now.

Yep I have parental responsibility and rights.
if you were still serving i'd be saying use the CoC and welfare through the Job , butt as you are out you can;t , but the RBL etc may be worth speaking to

if you have parental responsibility etc you are in a stronger position... this however has the potential to get nasty

photosnob

1,339 posts

118 months

Tuesday 16th December 2014
quotequote all
Unless you are the one in a million you will spend a small fortune and the kid will still go to Northern Ireland. Sorry - but that's my limited experience of these things.

Always better to keep things sweet with your ex. Pay her the money, give her the house because if you don't with our legal system you can literally have your pants pulled down be given two Rosie cheeks and be told to say thank you.

If it goes legal expect her to claim you were abusive and get it all done via legal aid.

Nigel Worc's

8,121 posts

188 months

Tuesday 16th December 2014
quotequote all
Rockape said:
mph1977 said:
rockape

are you still serving ( as i assume that's where the nick came from) ?

do you have parental responsibility?
Ex Rock. Been out for nearly 15 years now.

Yep I have parental responsibility and rights.
RAFA may be more beneficial to you than the RBL, no harm in contacting both.

As you have bks, I don't fancy your chances against her mom, unless there are exceptional circumstances.

Rockape

Original Poster:

264 posts

179 months

Tuesday 16th December 2014
quotequote all
The house is sold. Something we did agree on. New owners get it in the new year.

The Surveyor

7,576 posts

237 months

Tuesday 16th December 2014
quotequote all
How old is your daughter, and what does she want? Inmy recent experience if the child is old enough to know her own mind and would confirm to a court appointed cafcas officer that she wanted to go with her mother, you are very unlikely to be able to stop her going.

Ginge R

4,761 posts

219 months

Tuesday 16th December 2014
quotequote all
Rockape said:
Ex Rock. Been out for nearly 15 years now.

Yep I have parental responsibility and rights.
We may know each other ;-)

Per Ardua, and good luck.

Ginge R

4,761 posts

219 months

Tuesday 16th December 2014
quotequote all
Rockape said:
My wife's conduct resulted in a complaint from me to the police.
Bead window but if you message me, if you like, I'll also put you in touch with an ex scuffer who taught himself to be a most effective Mckenzie Friend, helping dads in the specific circumstances that you find yourself in.

PurpleMoonlight

22,362 posts

157 months

Wednesday 17th December 2014
quotequote all
I don't know how the Scottish courts work but if it's anything like England then in all honesty, you may delay the move but you are unlikely to be able to stop it.

Rockape

Original Poster:

264 posts

179 months

Wednesday 17th December 2014
quotequote all
The Surveyor said:
How old is your daughter, and what does she want? Inmy recent experience if the child is old enough to know her own mind and would confirm to a court appointed cafcas officer that she wanted to go with her mother, you are very unlikely to be able to stop her going.
My daughter is five.

The Surveyor

7,576 posts

237 months

Wednesday 17th December 2014
quotequote all
Rockape said:
The Surveyor said:
How old is your daughter, and what does she want? In my recent experience if the child is old enough to know her own mind and would confirm to a court appointed cafcas officer that she wanted to go with her mother, you are very unlikely to be able to stop her going.
My daughter is five.
Much younger than mine so the wishes of the child are unlikely to be taken into consideration. Good luck with this as it sounds an awful position to be in.

9mm

3,128 posts

210 months

Wednesday 17th December 2014
quotequote all
You need professional advice from a family law specialist. I'm not aware of any who post on here. But you knew that.

All I can contribute to this thread is my knowledge of what happened to my Godson. His parents were married, got divorced, the boy stayed with his mum and the dad had access rights. She then announced she was going to emigrate to Canada and take the child (about five at the time) with her. In short, there was nothing he could do to stop her. Didn't happen in the end, but that was nothing to do with the law, just a change of heart on her part.

Good luck.

BobSaunders

3,031 posts

155 months

Wednesday 17th December 2014
quotequote all
Family law specialist. Now. Not internet forums.

A good one will give you some advice for free on what needs to be done, and also advise you on the potential of winning.