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Does my daughters father have parental responsibility

by Imanesmama / Posted 27/06/2010 / Updated 30/10/2010

My daughter is 6 years old and was born in Abu Dhbai UAE. Her father is Morrocan.
We were married Islamically but when I returned to UK in 2004 I found out I was still legally married under British Law to my British husband who I seperated from in 1990. So under UK law I was not married to my daughters father.

She has a UAE birth certificate, he registered the birth not me.
When she was 6 months old and realising marraige to me and birth of a child would not give him an instant UK passport, he packed us off back to the UK with not even Ģ1 in our pockets and we were virtually destitute.
My daughter has not seen or heared from her father since (I have heared from him once as he emailed me my Islamic divorce, where no mention was made that we had a child together, probably because he did not want to have to be ordered to make payments to her).

Does he have parental responsibility??? We were not married, her birth was not registered at any UK consulate and we have no idea what he is doing now or where he is.
I am remarried now and my daughter loves her step dad. I want to give him parental responsibility so he can take my daughter overseas to spend time with his family (who are wonderful) during school holidays etc) I cant ever get my daughters fathers permission as we have no idea where he is, he also does not know our address or where we are right now as its been 6 years since he abandoned us. He has never been to UK btw.
Any help would be appreciated.

Responses

From Norma / Posted: 30/10/2010
You need legal advice. Try one of the Reunite lawyers for starters. If you get nowhere - try again. I know from a friendīs experience that not every lawyer understands these things - and they may say that something is impossible when they just donīt know. If you were still married under UK law when you married your ex, then your marriage canīt have been legal. So does he have parental responsibility? If the child had been born in the UK, he wouldnīt have parental responsibility unless you were married or his name were on the birth cerificate, or he had gone to court to get it. In your circumstances, I would guess that it depends on whether the UK courts accept that he has parental responsibility due to his name on her birth registration in UAE. Even if he does have it, he agreed you could return to UK so that is the childīs habitual residence. If you want your new husband to be able to take your daughter abroad, he does not necessarily need parental responsibility - he just needs your permission, I think. But Iīd think more than twice about giving that permission - having lost my daughters because I trusted their father Iīd be very reluctant to trust anyone.

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