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My son's ex has took his daughter abroad without his knowledge

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  • My son's ex has took his daughter abroad without his knowledge

    Good afternoon all

    My son split with his girlfriend 2 months ago and she has a new boyfriend

    My son has a 7 yr old daughter with her and she told him she was taking her to Cornwall for this weekend
    She has just posted on facebook pictures of them in Corfu

    Is this illegal?

    My son is named on the birth certificate, never knew about this (she lied as stated), never gave permission verbally or written and wouldn't have given permission anyway

    What can we do legally?

    Presumably she falsified a letter, abducted his child, amongst other things

    Thanks in advance

    All help greatly appreciated

    Steve
    Tags: None

  • #2
    The relevant legislation appears to be s.1 of the Child Abduction Act 1984...

    https://www.legislation.gov.uk/ukpga...timeline=false


    There are a few ifs and buts to overcome before any offences can be considered - such as: Does your son have 'parental responsibility' for the child? Does the mother have a Child Arrangement Order saying the child must live with her?

    https://www.gov.uk/permission-take-child-abroad

    Comment


    • #3
      Originally posted by Aged William View Post
      The relevant legislation appears to be s.1 of the Child Abduction Act 1984...

      https://www.legislation.gov.uk/ukpga...timeline=false


      There are a few ifs and buts to overcome before any offences can be considered - such as: Does your son have 'parental responsibility' for the child? Does the mother have a Child Arrangement Order saying the child must live with her?

      https://www.gov.uk/permission-take-child-abroad
      Thanks

      I have looked at the info

      As i understand it, he has parental responsibility as he is named on birth cert and they have not been to court re any aspect yet other than she went to CSA for maintenance

      She is a horrible person who uses threats against my son all the time of "you will never see my daughter again"

      Also she christened her with a different name to the birth certificate and has her registered at school under the "different" name. Is this legal?

      i.e. birth cert is in just my sons surname but school and christening was under both surnames

      Comment


      • #4
        If there is no Parental Responsibility Order or Agreement in place then she *may* have committed an offence of child abduction BUT the devil is in the detail so I suggest your son contacts a solicitor who specialises in family law and/or the police (assuming he wishes to pursue this, that is).

        Also, there's a difference between someone's "legal name" and their "known as name"
        https://childlawadvice.org.uk/changi...hilds-surname/

        Comment

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