Can my ex emigrate with my daughter

[Rixy]

I have now been seperated from ex for 18 months. We have a three year old and I have found out through a mutual friend that she is applying to emigrate with my daughter to either Canada or USA. Can she do this, is there anything I can do starting now.

We live in Scotland so we come under Scottish law.

We were never married.

I am on my childs birth certificate.

I am worried that she will get away with it.

[dot.hawkes]

Not if you are on the birth certificate as the childs father. But if there has been any custody case it may affect that point. Did you actually attend the register office with the mother and actually sign your name as the father when the child was registered? Or did she just tell you she had put you down, because if you didn't attend then noone could have added you in your absence if you were not married to the mother.

[Rixy]

Yes I did go to the register office my ex partner and I were still together then. She has recntly stopped me having overnight access to my little girl and now I only get her on Saturdays and Sundays but not over night. Will this effect my case?

[efc]

Get some legal advice as soon as possible.
Has access been agreed through a court? Does your daughter already have a passport?
If you have parental responsibility then there are things you can do to stop your ex from leaving the country with your daughter.

[dot.hawkes]

If you are on her birth certificate she cannot obtain a passport without your consent. sounds like someone is messing you about and playing with your head here

[xhxmxsx]

not unless your daughter already has a passport then she could try it, ring a solicitor asap and get them to stop her leaving