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Multinational separation and problems
#1
Last November my ex partner decided to leave me. We came from Greece together to live in Scotland in 2004. She is Greek but I have French nationality. We have 2 sons 12 and 10 years old born both in Scotland. Since we arrived in Scotland I am self employed but my finances are just enough for living. 
Last Christmas my ex moved house with council support close to our previous family residence and I kept our family rented house. 
My children are coming to stay with me every weekend from Friday after the school until Monday morning that they leave for school. Due to my house facilities (quick WiFi, Xbox, comfort, shower, secured garage for children bicycles and others) my 12 y/o son is nearly every day with me.
Until here looks ok! 
The problem is we don't agree for the nationality of passports for the kids and the time they may spend with me either in weekends either holidays.
I need some advice or help to put everything in order legally. I can't go to solicitors due that last year health problems I have spend all my economies.
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#2
Go to Citizens Advice and you will get 30 mins free legal advice with solicitor
https://www.citizensadvice.org.uk/scotland/

You question probably has a simple answer and it might be you have dual nationality for the kids or they take a UK passport as they born here
Someone may be in similar situation and help here

As for time they spend with you - keep a diary of what happens now since november - this is your starting point
If she starts to make problems with access to your kids then start mediation (there is a cost) but if you cannot agree you can apply to court for child arrangements order (this is where you will need diary to show what was good and worked in past)
You can self represent - many on here have - and cost in 215GBP but will be cheaper doing this in long run that suffering the stress
Reply
#3
(04-28-2017, 06:51 PM)angelos Wrote: Last November my ex partner decided to leave me. We came from Greece together to live in Scotland in 2004. She is Greek but I have French nationality. We have 2 sons 12 and 10 years old born both in Scotland. Since we arrived in Scotland I am self employed but my finances are just enough for living. 
Last Christmas my ex moved house with council support close to our previous family residence and I kept our family rented house. 
My children are coming to stay with me every weekend from Friday after the school until Monday morning that they leave for school. Due to my house facilities (quick WiFi, Xbox, comfort, shower, secured garage for children bicycles and others) my 12 y/o son is nearly every day with me.
Until here looks ok! 
The problem is we don't agree for the nationality of passports for the kids and the time they may spend with me either in weekends either holidays.
I need some advice or help to put everything in order legally. I can't go to solicitors due that last year health problems I have spend all my economies.

I am assuming you have PR, by being named on the birth certificate, beign marired to your ex on day of birth, or in any other formal way (you would know). If you do not, then you need to apply to court for it, unless your ex gives her consent for it.

Anyone with PR can obtain a Passport for a Child. While the Child can only hold 1 UK Passport, they can also have a Greece one and my surgestion would be to do that before Britexit.

To take a child out of the UK, you need the consent from everyone with PR or a Court Order. In this case, it would not apply if the child is being taken to a country where they are entitled to hold a passport for.

The only other exception is where a Child Arrangments or Consent Order says xxx LIVES WITH that makes them the Resident Parent in law, so they get the right to take the child out of the UK for a holidays of up to 28 days, however it does not give them the right to do this in contact time, unless its by agreement.

Bear in mind if your ex starts, that until a Child Arrangments Order exists, if you have PR, you are on the same legal standing under UK law, as her.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#4
(04-28-2017, 08:31 PM)MarkR Wrote:
(04-28-2017, 06:51 PM)angelos Wrote: Last November my ex partner decided to leave me. We came from Greece together to live in Scotland in 2004. She is Greek but I have French nationality. We have 2 sons 12 and 10 years old born both in Scotland. Since we arrived in Scotland I am self employed but my finances are just enough for living. 
Last Christmas my ex moved house with council support close to our previous family residence and I kept our family rented house. 
My children are coming to stay with me every weekend from Friday after the school until Monday morning that they leave for school. Due to my house facilities (quick WiFi, Xbox, comfort, shower, secured garage for children bicycles and others) my 12 y/o son is nearly every day with me.
Until here looks ok! 
The problem is we don't agree for the nationality of passports for the kids and the time they may spend with me either in weekends either holidays.
I need some advice or help to put everything in order legally. I can't go to solicitors due that last year health problems I have spend all my economies.

I am assuming you have PR, by being named on the birth certificate, beign marired to your ex on day of birth, or in any other formal way (you would know). If you do not, then you need to apply to court for it, unless your ex gives her consent for it.

Anyone with PR can obtain a Passport for a Child. While the Child can only hold 1 UK Passport, they can also have a Greece one and my surgestion would be to do that before Britexit.

To take a child out of the UK, you need the consent from everyone with PR or a Court Order. In this case, it would not apply if the child is being taken to a country where they are entitled to hold a passport for.

The only other exception is where a Child Arrangments or Consent Order says xxx LIVES WITH that makes them the Resident Parent in law, so they get the right to take the child out of the UK for a holidays of up to 28 days, however it does not give them the right to do this in contact time, unless its by agreement.

Bear in mind if your ex starts, that until a Child Arrangments Order exists, if you have PR, you are on the same legal standing under UK law, as her.

Thank you MarkR
My children have my surname only since born on born certificate. Is PR means Parent Rights? 
As far I know and please tell me if is right, until the age of 12 y/o children keeps with the mother so mother's rights are stronger. then child could be asked to make his choice with whom he likes to live with. 
There is not Child Arrangements or Consent Order between me and my ex yet and if I make a diary, children are longer time with me in my house than with their mother. What I prefer is to have 50/50 rights, time and parent residence in law but I don't know if that is possible. Do you think that I have to start the child arrangements before she does? and if I start it what is the chance that court give me the Residence Parent rights?

(04-28-2017, 07:02 PM)LTCDAD Wrote: Go to Citizens Advice and you will get 30 mins free legal advice with solicitor
https://www.citizensadvice.org.uk/scotland/

You question probably has a simple answer and it might be you have dual nationality for the kids or they take a UK passport as they born here
Someone may be in similar situation and help here

As for time they spend with you - keep a diary of what happens now since november - this is your starting point
If she starts to make problems with access to your kids then start mediation (there is a cost) but if you cannot agree you can apply to court for child arrangements order (this is where you will need diary to show what was good and worked in past)
You can self represent - many on here have - and cost in 215GBP but will be cheaper doing this in long run that suffering the stress
Thank you LTCDAD
I tried to see the citizens advice solicitors but due to my high incomes of the previous year ended 05/04/2016 they told me I have to see a solicitor in private, but due to health problems my financial situation has changed so I can't pay in private.    
Your idea to keep a diary is very good but do you think that a private diary stands well for start child arrangements? The cost of £215.00 is very affordable.

Thanks
Reply
#5
(04-29-2017, 07:51 AM)angelos Wrote:
(04-28-2017, 08:31 PM)MarkR Wrote:
(04-28-2017, 06:51 PM)angelos Wrote: Last November my ex partner decided to leave me. We came from Greece together to live in Scotland in 2004. She is Greek but I have French nationality. We have 2 sons 12 and 10 years old born both in Scotland. Since we arrived in Scotland I am self employed but my finances are just enough for living. 
Last Christmas my ex moved house with council support close to our previous family residence and I kept our family rented house. 
My children are coming to stay with me every weekend from Friday after the school until Monday morning that they leave for school. Due to my house facilities (quick WiFi, Xbox, comfort, shower, secured garage for children bicycles and others) my 12 y/o son is nearly every day with me.
Until here looks ok! 
The problem is we don't agree for the nationality of passports for the kids and the time they may spend with me either in weekends either holidays.
I need some advice or help to put everything in order legally. I can't go to solicitors due that last year health problems I have spend all my economies.

I am assuming you have PR, by being named on the birth certificate, beign marired to your ex on day of birth, or in any other formal way (you would know). If you do not, then you need to apply to court for it, unless your ex gives her consent for it.

Anyone with PR can obtain a Passport for a Child. While the Child can only hold 1 UK Passport, they can also have a Greece one and my surgestion would be to do that before Britexit.

To take a child out of the UK, you need the consent from everyone with PR or a Court Order. In this case, it would not apply if the child is being taken to a country where they are entitled to hold a passport for.

The only other exception is where a Child Arrangments or Consent Order says xxx LIVES WITH that makes them the Resident Parent in law, so they get the right to take the child out of the UK for a holidays of up to 28 days, however it does not give them the right to do this in contact time, unless its by agreement.

Bear in mind if your ex starts, that until a Child Arrangments Order exists, if you have PR, you are on the same legal standing under UK law, as her.

Thank you MarkR
My children have my surname only since born on born certificate. Is PR means Parent Rights? 
As far I know and please tell me if is right, until the age of 12 y/o children keeps with the mother so mother's rights are stronger. then child could be asked to make his choice with whom he likes to live with. 
There is not Child Arrangements or Consent Order between me and my ex yet and if I make a diary, children are longer time with me in my house than with their mother. What I prefer is to have 50/50 rights, time and parent residence in law but I don't know if that is possible. Do you think that I have to start the child arrangements before she does? and if I start it what is the chance that court give me the Residence Parent rights?

(04-28-2017, 07:02 PM)LTCDAD Wrote: Go to Citizens Advice and you will get 30 mins free legal advice with solicitor
https://www.citizensadvice.org.uk/scotland/

You question probably has a simple answer and it might be you have dual nationality for the kids or they take a UK passport as they born here
Someone may be in similar situation and help here

As for time they spend with you - keep a diary of what happens now since november - this is your starting point
If she starts to make problems with access to your kids then start mediation (there is a cost) but if you cannot agree you can apply to court for child arrangements order (this is where you will need diary to show what was good and worked in past)
You can self represent - many on here have - and cost in 215GBP but will be cheaper doing this in long run that suffering the stress
Thank you LTCDAD
I tried to see the citizens advice solicitors but due to my high incomes of the previous year ended 05/04/2016 they told me I have to see a solicitor in private, but due to health problems my financial situation has changed so I can't pay in private.    
Your idea to keep a diary is very good but do you think that a private diary stands well for start child arrangements? The cost of £215.00 is very affordable.

Thanks

In UK Law, what you have is Parental Responablitys, its your Child who has rights. While the normal in the UK for the for Parent who the child lives with (the one who gets Chlid Benefit) to hold the Passport, in this sitatuion there is nothing wrong with you both obtaining one, and for example you hold the Greece one and your ex the UK. This means when the child is traveling with either parent, they have the Passport already. However, you need to check entry requirements for the place you are going, if outside the EU, as for example someone on a Greece Passport might need a Visa, where a UK Passport holder would not need one.

In Scotland it is 12 when a childs view needs to be considered, but more consideration would be given to a Cafcass Officer or Social Worker if they are invovled.

Legal Aid is not the same in Scotland, so my advise is to put a call into your local CAB, and see if they can refer you for some free advise with a local Solicitor. They can normally get you 30 min, where you can tell them about  the case, advise on the way forward, and see if any public funding is avalaible for it.

As has come up on another thread recently, for Child Benefit, the Resident Parent is the person who exceeds 50% of the nights. If this is the same, then it gets messy, and you both have to evidance daytime care so a decision can be made.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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