Can a mother take a child away from the father UK?

Grounds on which a father can be sued

In all EU countries, the mother automatically acquires parental responsibility for her child, as does the married father. In most cases, the parents exercise this responsibility jointly.

In cases of divorce or separation, it is important to determine whether the children will live exclusively with one parent or alternately with both parents. The parents can try to reach a mutual agreement on this.

The central administration responsible for parental responsibility issues can help you with your specific case. Find the central administration responsible for matrimonial and parental responsibility issues.

A father can sue the mother

Another situation in which a guardian is needed for one’s own children is when the parents become incapable of exercising parental authority. For example, after a hypothetical car accident, one parent dies and the other parent becomes a quadriplegic.

As the person responsible for looking after the interests of the minor, it is the guardian who represents him/her in the acceptance of the inheritance (or renunciation, which must be authorized by the judge). The acceptance is made with the benefit of inventory, i.e. if the parents leave debts exceeding the amount of the inheritance, the heir is not obliged to pay the difference. He/she will only have to pay up to the amount of the estate they have left him/her. If it is necessary to sell the inherited assets, such as the family home, a vehicle or other properties, it will also have to go through the judge, the guardian cannot do it on his own.

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The executor has two tasks: to enforce what the parents provided in the will (in relation to the inheritance of the children) and to try to maintain the value of the inheritance. To do so, he/she must control all expenses, make the necessary investments, manage the money efficiently and keep a record of the movements.

Legal rights of the father

In principle, both parents have parental rights over their children unless one parent is deceased, absent or has lost parental rights, in which case the other parent has parental rights.

Shared custody refers to the fact that in case of divorce or separation, the parents have the right and obligation to exercise in equal circumstances, conditions and for the benefit of the minor children their protection and assistance, guaranteeing their integral well-being.

Only by court order may this right be limited or suspended, when the parent fails to comply with its parenting obligations or endangers the health and physical, psychological or sexual integrity of the children.

In the cases of cohabitation regime or change of guardianship and custody, before the judicial authority, the minor will be heard, independently of his age and must be assisted by the assistant of minors designated by the System for the Integral Development of the Family or another institution endorsed by it.

Can a father take a child from its mother?

The same article 156 of the Civil Code provides that if the parents live separately, parental authority shall be exercised by the parent with whom the child lives. However, the judicial authority, at the well-founded request of the other parent, may, in the interest of the child, grant the applicant parental authority to exercise it jointly with the other parent or distribute between them the functions inherent in its exercise.

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In cases of separation or divorce, the parental authority of the parents continues to be shared in terms of its ownership but it can, and it is the most frequent, that it is the spouse with whom the children live, the one who assumes the function of custody, who exercises effectively the parental authority, but for certain acts it is necessary joint exercise of the parental authority by both spouses, such as: emancipation, assuming extraordinary expenses not covered by the alimony, important decisions for the formation of the minor, etcetera.

Can a mother take a child away from the father UK?
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