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Ex took 3year olf from SA to UK

by Marius / Posted 20/05/2010 / Updated 02/01/2011

Hi , i have a three year old daughter with my ex partner. She was born in england. My ex and i move back to south africa in 2008. I believed she had applied for the permanant residency permit for our daughter as both my ex and i are south african citizens. My name is on the birth certificate as her father. But a week ago my ex took my daughter back to the uk without my permission with no intention of returning. Her friends have convinced her that she has all the rights to our daughter and have helped her plan everything regarding returning to the uk. Am i able to get my daugther back , Should i fight or is the ex right about the fact that there is nothing i can do. I have looked aFTEr my daughter since she was born and now the last time i spoke to her was 8 days ago. any help please

Responses

From Norma / Posted: 30/10/2010
Marius, I know how much you are hurting. I don´t know the situation between you and your partner. But she does not have ´all the rights to your daughter´ - it´s not about rights. In theory, at least, it´s about what is best for your child. Your child´s place of residence appears to have been SA - so you have the right to apply to the SA court´s to have the child returned to SA for her future to be decided. This doesn´t, of course, mean that you will get custody or that she will remain in SA - your ex may get permission to return to UK - but you do have rights and you should investigate them. Then you have to decide what to do - you may wish to negotiate with your ex rather than take legal action. I wish you well.
From Naeema / Posted: 02/01/2011
South Africa is part of the Hague so they are bound by the Haguse convention.Your ex needs your permission before she left South Africa so yoy may have a good chance that she will have to bring her back. Its better to negotiate but sometimes either party can be very difficult. I wish the best outcome for you and the child

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