Dutch mum, daughter born in UK, what are her rights?

[KN18]

Im new her so in any case I made a mistake I am very sorry
I try to point out my situation as best as possible.

Im Dutch origine born and raised in Holland. I moved to the UK in 2012 because I met a man. We have never been registered as a couple or married. My daughter was born in july 2013. Because her dad is a UK citizen she got a UK passport. He is on the birth certificate so I guess he has PR? We have not really been together. And I didnt saw him never again after june 2014. Now this is the case..

As I was alone in the UK and it was very hard I decided to move back to my family in the Netherlands in December 2014. As I didnt had contact with the father I never asked him something. He never contacted us again untill now. He was all that time abroad and even in jail. If it is for me he will stay away from me and my daughter but I have no idea if that is gonna happen. I have some questions.

- If he is on the birth certificate does he have PR. And if so what does that mean? Does he have any rights?
- Can he ask for us to move back to the UK? I never wanna go back. Im afraid he will kidnap her to his birth country (Arab).
- Can he claim her on holidays or some?
- My daughter is automatically Dutch because of me. Is the law seeing this as kidnapping my child? Or is she a residence of this country (The Netherlands)?

Sorry for all the questions but I have honestly know idea where to ask this.

Thank u so much! Xx

[vinny]

Yes, apparently, the unmarried father of your daughter does have parental responsibilities, as he is named on her birth certificate.

[KN18]

Yes, apparently, the unmarried father of your daughter does have parental responsibilities, as he is named on her birth certificate.

Thank you for the quick response. Thats a bummer to read maybe you can help me with some more information?

Can he order us to move back? Or claim his child?

[vinny]

I'm not sure.

Among other things, PR allows you to:
...
decide where he or she will live
...

[vinny]

However,

No - that's a separate issue. PR does not give you extra rights, or strengthen your claim for contact with your child if you and his or her mother ever decided to split up.

[KN18]

However,

No - that's a separate issue. PR does not give you extra rights, or strengthen your claim for contact with your child if you and his or her mother ever decided to split up.

Thank you so much Vinny. This really helps me.

Do you know anything about me and my daughter living in Holland? Because my daughter is Dutch by nature does it means she can live her?

[noajthan]

However,

No - that's a separate issue. PR does not give you extra rights, or strengthen your claim for contact with your child if you and his or her mother ever decided to split up.

Thank you so much Vinny. This really helps me.

Do you know anything about me and my daughter living in Holland? Because my daughter is Dutch by nature does it means she can live her?

It probably helps that your child is a dual national & Netherlands citizen.
if living in Netherlands you will be under protection of Netherlands domestic law.

A British citizen would have to operate via the Netherlands legal framework which may tend to favour a Netherlands citizen & a mother.

Suggest you seek advice from a family lawyer or at least the the Netherlands equivalent of CAB.
See http://www.expatfocus.com/expatriate-ne ... land-legal

[noajthan]

Something about PR in N L, may be a little out of date but its a start:
http://ec.europa.eu/civiljustice/parent ... net_en.htm

[Nepenthe]

However,

No - that's a separate issue. PR does not give you extra rights, or strengthen your claim for contact with your child if you and his or her mother ever decided to split up.

Thank you so much Vinny. This really helps me.

Do you know anything about me and my daughter living in Holland? Because my daughter is Dutch by nature does it means she can live her?

Hi there,

As your daughter is a Dutch national you can claim for full custody in court to be the sole parent of your daughter. Regardless if she is with you in the Netherlands, he can fly out to find you and take your daughter from you as his name is on the birth certificate as the legal father of your child.

I would advise to find a lawyer and take on full custody of your daughter, you don't know where the father currently is and do not know anything about his existence or his life.

If you are not in contact with him then he will not know where you both are currently and where your address is. So make sure that remains unknown if you do not want him to take her away from you.

Goodluck!