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Can a mother take a child abroad to live without the fathers consent?

Hi Everyone,

I'm new to the forum, I'm in a predicament and it's breaking my heart...

Im a UK citizen (Man) married to a Thai citizen (Woman), I paid for my wifes Indefinite leave to remain permit so can live here permanantly.

We have a 4 month old son, She wants to leave and take him back to her country, I want him to stay with me, I can't lose him!

Can she leave the UK with him without my consent? My son was born in 2012, I am on his birth certificate as the father, I was married to his mother before he was born. We are all still living in the same house (I have always paid every bill and everything else so they both can stay here still).

I don't want my son to end up in Thailand, I've lived there before and to be honest, It isn't a place i want him to live, Not when he can live in the UK, Thailand is a 3rd world country and very poor, no jobs, the ones that are available are very very low paid jobs. not very good education, unless you are very rich and can afford the high class schools. He'll end up with a standard job and living in a room with several other people. :(

Here in the UK my son will have a dad who loves him, get a good education, Get good free health care on the NHS, Hopefully get a good job. He wouldn't get any of that in thailand. I started a junior cash isa savings account for him too so when he turns 18 he will be able to hopefully get a deposit on a mortgage here in the uk, Something i have never been able to do myself because of the house market prices rising too much and my outgoing bills soaring to much, Atleast he'll be ok.

I have told my wife this too, I explained she can live here no problem, but she tells me she wants to go home, The UK is not what she expected and she misses her family. I told her that it wouldn't bloody be what she expected before she even came here but she refused to listen to me then too lol.

Does anyone know where i stand on this?

Thank you
«134

Comments

  • jamespir
    jamespir Posts: 21,456 Forumite
    as far as i know you can try to prevent her because your on the birth certificate but you would have to go through court and they would decide what it best for the child
    Replies to posts are always welcome, If I have made a mistake in the post, I am human, tell me nicely and it will be corrected. If your reply cannot be nice, has an underlying issue, or you believe that you are God, please post in another forum. Thank you
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, you can stop her taking him away. You need to see a solicitor.
  • Farside
    Farside Posts: 313 Forumite
    Mojisola wrote: »
    Yes, you can stop her taking him away. You need to see a solicitor.

    Is there a specialist solicitor i need to see or can i go see any solicitor about it (I've never been to any solicitor in my life before)
  • jamespir
    jamespir Posts: 21,456 Forumite
    Farside wrote: »
    Is there a specialist solicitor i need to see or can i go see any solicitor about it (I've never been to any solicitor in my life before)

    find one that deals in family law
    Replies to posts are always welcome, If I have made a mistake in the post, I am human, tell me nicely and it will be corrected. If your reply cannot be nice, has an underlying issue, or you believe that you are God, please post in another forum. Thank you
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would be worth getting in touch with one of the fathers' support groups like FNF - https://www.fnf.org.uk/law-and-information

    They might be able to recommend someone in your area.
  • Farside
    Farside Posts: 313 Forumite
    jamespir wrote: »
    find one that deals in family law

    Ok, Thanks James :)
  • Farside
    Farside Posts: 313 Forumite
    Mojisola wrote: »
    It would be worth getting in touch with one of the fathers' support groups like FNF fnf.org.uk/law-and information

    They might be able to recommend someone in your area.

    Excellent, thanks Mojisola :)
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,777 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Look here, click the link under the title "Who's a Member", there's a full list of all Children's Solicitors in England

    http://www.lawsociety.org.uk/accreditation/specialist-schemes/children-law/
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Valli
    Valli Posts: 25,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 October 2012 at 9:42PM
    Most solicitors offer a free half-hour initial consultation. That can be used to find a solicitor with whom you feel you can work.

    Has the child got a passport?

    If she is already talking about going you need to act quickly - working on this while they are in the UK will be far simpler than attempting to bring him back once he has gone.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • jamespir
    jamespir Posts: 21,456 Forumite
    Valli wrote: »
    Most solicitors offer a free half-hour initial consultation. That can be used to find a solitors with whom you feel you can work.

    Has the child got a passport?

    would a 4 month old need one ??? or could it go on the mothers
    Replies to posts are always welcome, If I have made a mistake in the post, I am human, tell me nicely and it will be corrected. If your reply cannot be nice, has an underlying issue, or you believe that you are God, please post in another forum. Thank you
This discussion has been closed.
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