Is my partner allowed to take my daughter to the U.S. without permission?

[Wu Banger]

My partner left me in January and has up and left with my daughter and gone to live her mum and dad in America. Contact was good at first but now i'm lucky if i hear from her between every 7-10 days. Although no formal agreement has been set up, i have been sending between £200-£300 for child support. Although this is as much as i can afford, she seems to think this isn't enough and threatens to cut contact or to to contact the csa. I'm pretty sure that the csa can't do anything but i'm fed up as all i want is a good relationship with my daughter. It has got to the point where i am considering legal action so need to know what rights i have. Am i able to make her bring my daughter back if it got to that stage? Thanks in advance

[ummmm]

How old is your daughter?

Presuming she was born after 2003 and you're on the birth cert...she can't take her out the country (besides a holiday) without your permission.

[murraymints]

also I do not think csa make payments outwith uk...you need to get proper legal advice from family law solicitor, sort out custody and/or access, remember they are two quite seperate issues, you have more parental rights/responsibilities if you have joint custody, especially where the child lives,schools, health etc., if you only have access rights then she could argue that you can visit in usa anytime..satisfying the access conditions however improbable or difficult that may be for you...good luck

[Wu Banger]

nudgescuffler
My daughter is 2. She took my name and i am listed as her father and the birth certificate

murray mints
I was making a point of saying i am paying child support to show that i am doing what i can and that i do warrant contact with my daughter.The only reason i am looking into the possibility of legal action is because her contact has got so bad!

Would that fact that she already go against me in a custody hearing. Would my daughters mum have to come back to the UK if there was a custody hearing? If she did arguee that i could visit it is obviously very expensive for flights. My cost of living has risen since she left and with paying child support it leaves me very little cash to save up for flights to visit. At the minute i'm paying for a daughter i hardly get to see and by paying child support it means i can't afford to go over and see her. Really fed up!

[ummmm]

You need to see a solicitor asap.

[murraymints]

she would most likely have to return to uk for custody hearing, she will only have a visitors visa to usa,unless she is a citizen, so will haveto come back at some point, do not know what her status would be for residents visa in us, bit tenuous I would think... it shows willing that you are contributing for child, defo in your favour, but..if you do get joint custody then she will not be able to take child away without your consent..you MUST get on the job with proper legal representation..ask for legal aid forms too ...

[Wu Banger]

If it helps, my partner has dual citizenship - so does my daughter. We planned to move there together but things didn't work out. I have no citizenship and doubt i would be eligible for a working visa so moving over there is not an option for me

[murraymints]

that could make a difference to the proceedings, whether or not she has to return to uk...or if a case could be heard in USA in absentia..may make a difference if child born in uk..phone a solicitor TODAY...usually you can get a first consultation free , make a list of all the vital questions and then you will be able to make a decision as to whether you will pursue contact/custody.... It may worhwile appealing to her parents better nature about the position ???

[Wu Banger]

My daughter was born in the UK but because her mum was born in the U.S. it mean't we were able to get dual citizenship for her too. Her parents won't help, they are the ones who persuaded her to go over there for there own selfish reasons. Come over here, better opportunities, better weather, live with us rent free, use our car, help yourself to food, we'll decorate the spare room as a nursery. Great for her but not a second thought for me! Whenever i tell her how i feel about my daughter she says i'm trying to make her feel guilty about her taking her away and she never listens to reason. Just need to know my rights before i (try) to talk to her. I don't just want to uproot my daughter but i don't want to go on without her in my life!

[murraymints]

PICK UP THAT PHONE.....NOW....

[ojread2]

On a practical level your ex partner can threaten all she likes with wanting extra maintenance as she will get nothing via the UK's system. In fact it's possible our court system will say you shouldn't have to pay either however, morally that would be wrong
Have a look through this http://www.hcch.net/i...t=text.display&tid=21
You may be entitled to help

[ojread2]

OP, the very fact that your name is on the birth cert AND she was born after 1st December 2003 means she should never have been allowed to remove her for the UK. This story shows all those who think the parent with care sill be stopped at any passport control is untrue

I can only imagine what you are feeling right now and I can only wish you luck in gaining some sort of access rights

[ojread2]

I agree Eddie, but it's possible they may at least know who to go to?
There are many lawyers who work pro bono with these types of cases as well - fingers crossed

[Wu Banger]

Thanks for all the replies. I'll be giving it one last try to make peace but will certainly use your advise if needs be (and i probably will). Had 2 messages in 2 days asking for money and sent some yesterday now i've been paid. No reply since, no thanks, no speaking to my daughter on skype, no reply to facebook chat whilst she was online. Infact i'm gonna message her now, had enough of this. Thanks all, you've been very helpful!

[boxtops]

Don't just message your partner, wu - go see that solicitor. It may cost you a few bob but you can ask them up front what their fees are. You need to be clear about your rights, don't hang about. The longer you leave it, the longer it'll drag on. Do it tomorrow.