# Can my ex just take my daughter if his on her Birth Cert UK



## lovejoy

It's been a long time coming but I pulled the plug on my relationship with my ex. His gone really nasty trying to control me through her saying I need to ask his permission to take her a board or he'll have me done for kidnapping. I said I no longer want him in my house because he got in my face going crazy pointing a finger at me screaming trying to restrain me with a hand and his a big guy.I wish I recorded his crazy behavior because it was mad.

Threatened me soo much saying his going to make fail claims against me if I try anything. I never threaten him, never said I'd take our daughter away just said I want no contact with him unless it's about her. I would have no problem with letting him know my holiday plans, but this is not about our daughter this is about him trying to control how I live because I don't want to be with him.I tried to explain his only hurting our daughter, but he won't listen and keeps trying to twist things around so it's my fault. What if he just take her can he do that.He keeps saying because his on her birth certificate he can control her and has a right to say.I never said he didn't but not having him barking orders at me say his gonna do this and that if I don't fall in line.


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## manda22

Where do you live? In California both parents have custody whether you are married of not. If you or him were to file for custody then you could be charged with kidnapping. If my ex on his days decided to keep her he doesn't have to bring her back the police would do nothing till their is a custody paper/


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## jocelynmarie

In Minnesota if a mother is unmarried (regardless of if she is still in a relationship with the father or not) she is considered to have sole custody of the child until the court orders visitation or shared/joint custody. Also, the name being on the birth certificate doesn't necessarily mean anything, in Minnesota it is not enough. For unmarried couples either a recognition of parentage needs to be signed and notorized by both father and mother or there needs to be court ordered dna testing.


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## lovejoy

We're in the UK he has parental responabilty because his on the birth certificate but that means I can't change her name without his permission he has a say in her education or any health issues. I'm going to get a residents order if I can to protect myself and her so my ex can't just decide to keep her one day.It also means I can take our daughter on holiday for one month without his consent. I just want it in writing that she lives with me I can call the police if he decided his not bringing her back after a visit this way the police won't tell me there's nothing they can do.

I never thought someone I once loved soo darling would do this to me and his own daughter.My ex as since said he will not do anything and was just really angry he is even saying he thinks he has mental illness like Bipolar which is why he was acting that way? I'm not soo sure it could be just a line to excuse his nasty behaviour.


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## laura1991

If you get residence he cant. However, it can sometimes be difficult just get residence from some places in the UK! I had to fight tooth and nail to get it! Until that he can just take her so id definately try and speed it along!


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## leahsbabybump

im sure he can hun tbh i asked thiswith my son and aparently in the last year or so the law changed and dads have 50% rights over child
when we whent to sign my lo's birth certificate the woman said to me do i understand that by putting my oh name on birth certificate that im giveng him a 50/50 rights to child or something :-/


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## lovejoy

My ex is saying I can have a residents order for my daughter if I want I better hurray before he changes his mind or something as his a bit unstable right now I don't think he'd keep our daughter because he can't cope for more then a few hours but just to hurt me he might disappear for a couple of hours to freak me out so I want a order from court,he can do what he wants but don't use our baby against me.


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## lovejoy

laura1991 said:


> If you get residence he cant. However, it can sometimes be difficult just get residence from some places in the UK! I had to fight tooth and nail to get it! Until that he can just take her so id definately try and speed it along!

Did you use legal aid to get it. I'm not sure where to go as I've only read about it online? Where do I apply for it?


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## lulu35

NO your ex cannot just take your daughter from you, yes he has rights as her dad ie if you want to LIVE abroad, her education, health issues and such....in most cases the child would be returned straight to the mother if the police were to become involved unless your ex had a residency order.

A mother automatically has parental responsibility for her child from birth. However, the conditions for fathers gaining parental responsibility varies throughout the UK.....this was taken from the directgov website....you can go abroad for a holiday without informing him of your plans, my ex took our 3 kids to portugal this year with his parents and at no point did anyone ask me if it was ok, he just booked it and away they went....if i was in your position and unsure i would go ask a lawyer were i legally stood, first visits are usually free or go to the citizens advice for free advice, but i think you will find that while he has certain rights taking your child from you without good cause is not one of them....hope this helps x


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## sophxx

^^ thats not right my friend ex took her daughter and she didnt have a residencey order and the police said they couldnt do anything as there was no residencey and they were both on the birth certifacte so he had as much rights as she did. she had to fight for her back through the courts all the time the little girl satyed with her dad she did get her back but her dad got joint custody and he has the little girl set days which have been sorted in court

you need to go to a solictor they will sort everything out for you x


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## Snowball

sophxx said:


> ^^ thats not right my friend ex took her daughter and she didnt have a residencey order and the police said they couldnt do anything as there was no residencey and they were both on the birth certifacte so he had as much rights as she did. she had to fight for her back through the courts all the time the little girl satyed with her dad she did get her back but her dad got joint custody and he has the little girl set days which have been sorted in court
> 
> you need to go to a solictor they will sort everything out for you x

Yes that's right. When FOB left I looked into it because he was shouting about his 50/50 rights and in theory he could just take them and the police would be able to do nothing unless they were believed to be in danger.


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## laura1991

lovejoy said:


> laura1991 said:
> 
> 
> If you get residence he cant. However, it can sometimes be difficult just get residence from some places in the UK! I had to fight tooth and nail to get it! Until that he can just take her so id definately try and speed it along!
> 
> Did you use legal aid to get it. I'm not sure where to go as I've only read about it online? Where do I apply for it?Click to expand...



Speak to a solicitor, they will let you know whether your entitiled to it xx


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