Legal Question in Family Law in United Kingdom
custody of child within marriage
Does the mother have more legal rights to a child than the father would if they are still married? or does it depend on the circumstances of each parent.
Is it illegal for the mother to take the children abroad without the consent of the father? Can she refuse his demand for them to return? Is it a domestic situation or does it become a legal issue?
1 Answer from Attorneys
Re: custody of child within marriage
Where the parents of a child are married, each parent will have full parental responsibility and equal legal rights relating to that child. This is not affected by divorce, separation or a breakdown of the marriage.
Where the parents of the child cannot agree on an issue concerning the child such as removal overseas, this can be decided by the court by way of an application for a specific issues order. Thus if you as a parent are faced with the situation that your child could be removed from the UK permanently, then it will be necessary to apply for appropriate orders from the court.
Please let us know if we can help further.
Andrew Dutton
www.legal-zone.co.uk
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