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Kids abducted by Mother
#1
First time posting so please forgive any error/oversights.
I am a Kenyan citizen married to my British Wife for 14 years. We have 2 kids (Boy 6 years and Girl 8 months) who are both British. My wife and kids have all been living with me in Kenya as my legal dependents and my boy has been schooling here as well.Two weeks ago my wife abducted my kids to the UK without any information whatsoever and has not been in touch since. My various attempts to contact my in-laws in UK have also proved fruitless. As a (non-British) father of British children who have been abducted by their British mother to the UK, what are my rights and Legal remedies if I want my children back. I have been the sole provider for my wife and kids. As a housewife, I am not sure how my wife will be able to care and provide for both our kids and I do not want them to depend on UK social services when I can very well provide for them in my country. I cannot live being separated from my kids and it seems my wife is using this fact to her advantage. Can you please kindly guide me. 
abdlwkl
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#2
My know age is limited to UK laws and processes, so before acting on anything I say you should make sure your happy with it yourself, or get advise from a Solicitor who knows both Kenyan and UK law.

The first issue is checking you have any legal standing with regard to the children, so I need to confirm that you have PR, what you get by being Married to your ex on the day of birth, or by being present and signing the registration of birth. If you do not have PR, before you can do anything you need to apply for it, and with your ex whereabouts not being know, you apply to a UK court for this, and they will trace her to serve court papers for you.

I am not sure it is considered "Abduction" under UK law, as it only regulates movement to outside of the UK. To take a Child out of the UK, you need consent of anyone else with PR, a court order or in the case that a Court has made you the Resident Parent, you have the right to take the child outside of the UK for a Holiday up to 28 days (but not for that to break any contact arrangements without consent). There might be a breach of your local laws if the child is also considered to be a citizen of your country but it would be questionable if they have jurisdiction over British Nationals now located in the UK.

However, that does not mean you do not have responsibility's, including seeing them. Under UK law, assumptions are made that a child needs both parents unless there is prove of good reason until they are 10. Then their "wishes and desires" are taken into account if any parent is keeping them away from another.

To get contact in place (and this can be telephone calls, skype, whats app etc) as well as face to face contact, you can apply to court for a Child Arrangements Order. I would do this in the area she has family connections. You fill out a "whereabouts not known" form as well as your application, and she will be located by the court and served with papers. They will use Police, HMRC, Benefits agency, NHS or any other Local Authority or Government Department to find her. The case with either remain in the court you filed, or be moved to where she lives, but her address will not be given unless she consents.

As part of this process, you will both be ordered to file "Position Statements". Here you outline what you want, if Residency what contact you would offer, or if just contact what your looking for. If your looking to take the children back to your country during contact, your going to have to convince a UK court that you will return them. You might want to consider a deal where they mother travelled with the children for visits if to your country, at your expense for providing flights and somewhere for her to stay (deemed suitable by her). Should you want to come here for contact, make sure you have the correct visa, and a copy of a court order with you, so that immigration can see your here to do the correct thing by your children, and its a visit under an order.

If you can get contact in place via courts, then you might have grounds to live here is you wished. You should seek advise from a UK Solicitor who deals with immigration on this, but my feeling is you have to prove you can support yourself (and that can be by working) and your passport might be stamped "No Call On Public Funds", what means no Benefit Claims and payment  if you access medical help here (I think its cost x 150% currently) . You might be able to get advise under Legal Aid for this aspect, deepening on your means to pay.

In terms of your ex, our Welfare Benefit systems have changed over recent years. She will get £70 - £100 for herself per week, depending on if able to work but no job or sick. She will get Child Benefit of about £33 per week, and Child Tax Credits of about £140 per week. She will also get Housing Benefit for a 2 bedroom place. That takes her to what the law of the UK says she needs to live off.

CMS (who are now a private service who collect child support) have no jurisdiction over you while your not in the UK, but she could take an action in your country for payment if your laws allow it.

I have attached a standard link here, so you can get an idea on what it should be, but allowances must be made for exchange rates changing, http://www.gov.uk/calculate-your-child-maintenance. In your case, exceptional travelling exposes as a result of your ex actions might come into it, so your costs of travelling here for contact, or providing for staying contact in your country, might come into it. Any Child Support you pay is not looked at for means tested benefit, but anything for your ex is.  I never advise not to restrict any help to this, as a court would not make you pay more, but anything above this could be on your terms, for example providing items instead of cash or paying pocket money direct to the child.

Social Services only get involved if there is concern over ability to look after a child correctly. There involvement does not provide any cash, but if there is a reason for a parent to be short, they can refer them to a local "Food Bank". There is also limits set by the food banks on how often someone can go.
(06-19-2016, 10:27 AM)abdlwkl Wrote: First time posting so please forgive any error/oversights.
I am a Kenyan citizen married to my British Wife for 14 years. We have 2 kids (Boy 6 years and Girl 8 months) who are both British. My wife and kids have all been living with me in Kenya as my legal dependents and my boy has been schooling here as well.Two weeks ago my wife abducted my kids to the UK without any information whatsoever and has not been in touch since. My various attempts to contact my in-laws in UK have also proved fruitless. As a (non-British) father of British children who have been abducted by their British mother to the UK, what are my rights and Legal remedies if I want my children back. I have been the sole provider for my wife and kids. As a housewife, I am not sure how my wife will be able to care and provide for both our kids and I do not want them to depend on UK social services when I can very well provide for them in my country. I cannot live being separated from my kids and it seems my wife is using this fact to her advantage. Can you please kindly guide me. 
abdlwkl
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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