Dads rights to see child?

Poshsalt

Dont know where to post this.

Basically I've been with a girl for 9 years and it was great we had a child and since we moved in, paying rent, looking after child and other things it has been a nightmare.

I could write a book about abuse, lending money to not get it back and on and on.

Question is.

If we split up

1. Could she take the child to poland and live there? Child is born in UK.

2. Would it automatically be 3 days her and 4 for me or via verse to look after child?

 As I want to see my child, once we split for a month and she would only let me see him twice a week in the day.

tightauldgit

1. Potentially yes. Though in theory she needs your permission to take the child overseas unless there's a child arrangements order in place even for a holiday. It wouldn't be legal for her to just take the child to Poland and live there but you'd have to try to enforce your rights through the Polish courts and I have no idea how easy or difficult that would be. She could take steps to do it legally though i think it would be difficult if you are opposed to the idea.

2. No. It's whatever you agree or whatever a court decides is in the best interests of the child. There's no automatic assumption of anything. 

If you think there's a genuine risk of her disappearing and/or denying you access i'd be speaking to a solicitor today and getting advice. No time like the present to act.

Amara

She can't take child to live in Poland, she can be charged with kidnapping. FYI: in Polish law child support is calculated on non-resident parent potential of earnings, not actual earnings. Take it into account.

elsien

Are you named on the birth certificate as the father? 

tightauldgit

Amara said:

She can't take child to live in Poland, she can be charged with kidnapping. FYI: in Polish law child support is calculated on non-resident parent potential of earnings, not actual earnings. Take it into account.

The problem though is that while a UK court can order X Y or Z that's not binding on Poland or Polish authorities. Nor would any criminal charges. I really don't know how easy or difficult it would be to recover the situation if they made it to Poland 

TBagpuss

Poshsalt said:

Dont know where to post this.

Basically I've been with a girl for 9 years and it was great we had a child and since we moved in, paying rent, looking after child and other things it has been a nightmare.

I could write a book about abuse, lending money to not get it back and on and on.

Question is.

If we split up

1. Could she take the child to poland and live there? Child is born in UK.

2. Would it automatically be 3 days her and 4 for me or via verse to look after child?

 As I want to see my child, once we split for a month and she would only let me see him twice a week in the day.

1. Not unless either you agree or a court gives her permission, however if she left, you would need to act fast to apply to the courts. Normally, the courts in the country where the child is Domiciled and Habitually resident could have jurisdiction, so you would apply for an order in the court in the UK then apply to enforce that order in Poland. However, how easy it is to do so varied from country to country and once she was established in Poland the child's domicile would change, so if here was a delay it would switch to the Polish court having jurisdiction. I have no idea how a Polish could would then decide things. 

If you split up and you felt that there was a real risk of her leaving the country you could apply for a Prohibited Steps Order explicitly forbidding her to take the child out of the UK - this can be used to alert the ports if she then tries to leave but would also be relevant to any application if she did leave and you were seeking the child's return, as it would be evidence that the child was domiciled in the UK and that the UK court is the correct one to have jurisdiction over further decisions. 

2. No. There is no automatic assumptions or split. IF you and she can't agree, then either of you can apply to court for a Child Arrangements Order to determine what time the child should spend with each of you. The court has to make a decision based on what it considers to be in the best interests of the child, so a whole range of factors are taken into account,.
This includes considering practicalities  - e.g. how does caring for them fit with your respective work commitments, how close together do you live, so how practical is shared care when it comes to things such as travels to and from school,etc
What the existing arrangements have been - e.g. has one of you been a stay at home parents and how much would a significant change to that affect the child,  the child's own needs - for instance, ensuring that the child continues to get the opportunity to speak both of their languages.
As the child gets older, their own wishes become increasingly important. 

Ideally, you and she would try to agree on how care should be shared, and mediation is one way of trying to reach agreement, as it involves you discussing things with the support of a mediator to try to help you to keep focused.

ZaSa1418

Poshsalt said:

Dont know where to post this.

Basically I've been with a girl for 9 years and it was great we had a child and since we moved in, paying rent, looking after child and other things it has been a nightmare.

I could write a book about abuse, lending money to not get it back and on and on.

Question is.

If we split up

1. Could she take the child to poland and live there? Child is born in UK.

2. Would it automatically be 3 days her and 4 for me or via verse to look after child?

 As I want to see my child, once we split for a month and she would only let me see him twice a week in the day.

If you are named on the childs birth certificate then no legally she can't go to poland with your child and stay there without permission, to do so would be illegal. It may not stop her though so if your child has a passport i would be inclined to put it in a very safe place. 

It wouldn't automatically be split 3/4 days like you said it could be a number of things. If it went to court it would be determined to be what is best for the child rather than the parents.

RAS

Your child has the right to contact with both parents. 

mathewp01

There is no issue if the father has a court order. he can meet his child whenever he wants.