What will happen to me and my babay if wife wants to leave?

Question

I am british, aged 36 married with a 2 year old baby girl.

The baby was born in England, hence British.

My wife is not British but has indefinite leave to stay in UK.

Can anyone give me advice if I was to break up with my wife (which is good possiblility since we r not compatible with each other), what will happen with the baby.

If she wants to go back to her country, can she take the baby OR She cannot because the Baby is British and belongs here in UK and without my consent.

What is the situation???

Answer 1

That is a good questions.  I really don't know the answer to that where you are.  

However I do know that here in the states if a child is with one parent it is very difficult for the other parent to pull the baby away, the courts do not like to uproot a child from where they are used to living at that age...

You should make sure you have some kind of legal custody (that what we do here) that would prevent you wife from coming in and taking the child anytime.  Without some kind of legal custody the baby is nothing more then a picture on the wall...  Secure yourself and your baby get custody...

Answer 2

I would suggest you call a lawyer. Im not sure how the UK is, but here in the US we have like 800 numbers where you can consult with someone. If you want custody I would petition for child custody if you two divorce.  

Answer 3

Oh good lord....if you're not compatible, why'd you choose to have a kid with the woman? *shakes head and sips coffee*

Answer 4

You need to consult a lawyer if you want legal advice.

And you need to stop breeding with women who you're "not compatible with".  None of this would be an issue if you'd stopped for one minute to think before sticking it in.

Answer 5

It depends on her country.

Some countries will assist you as it is considered parental kidnapping and she can't just take your child without you having any say in it.

Other countries (like Japan, for instance) you have completely no say in the matter. If she is from a country like that, and returns to that country, there is no way for you to legally fight that.

Answer 6

Ask a lawyer to find out what the laws are.

Answer 7

belongs to the UK?  When you go to court for divorce, they will sort all of that out.  Who is to say she is going to leave, she might stay in UK