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Spouse Visa / Divorce Imminent - Advice Pls
#1
Hi All,

First time posting here. I am a UK citizen, my wife has lived in the UK with me and our first child (born in 2012 outside the EU) since 2015 on a spouse visa that will expire this year in July. Our 2nd child was born in the UK March 2016.

She is demanding a divorce, that we separate, that I pay for her rent and/or that she be allowed to take our daughters and move back to Israel (which is where we met originally and the place of birth of our 1st child).

Both kids are British citizens.

I have seen a lawyer in London who advised me that my wife doesn't have any right to leave the country with our kids without my consent. Although now I read here that in fact she could apply for that consent from a court and might get it... Our children are now 2 and 6, she is still breast feeding the 2 year old.

Right now we are renting a house in N London.  I lost my job in Dec last year and trying to start a new business.  I tell her that we should just extend her spouse visa and focus on raising our kids until she has established herself in London and can afford to get her own place.  However, she is determined to leave me and either take our kids with her (to a place I am supposed to rent in London) or go back to Israel with them and live there.

Would really appreciate hearing from anyone who has been in a similar position and what my best options are to deal with this.

Thanks...
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#2
I am not sure on these international type issues but I think you may need to do something quick to make sure she can't just leave the country. Mark might not. Possibly a prohibited steps order (which is an urgent application) to prevent someone leaving the country - at least until you have legalities of children's home sorted out. I think if you have that, border control are notified as to who can't leave the country.
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#3
(03-18-2018, 09:53 PM)Charlie7000 Wrote: I am not sure on these international type issues but I think you may need to do something quick to make sure she can't just leave the country.  Mark might not. Possibly a prohibited steps order (which is an urgent application) to prevent someone leaving the country - at least until you have legalities of children's home sorted out.  I think if you have that, border control are notified as to who can't leave the country.

i dont think she would do this but actually I keep the kids passports with me at all times when I am not in the house.  Also, the lawyer i met informed me that if she did take the kids without my permission, I would be able to rely on the Hague Convention to get them back. Israel is a signatory to it and apparently in such scenario as this where she "abducted" them, then in fact I would be eligible for legal aid... the Israeli authorities would enable me to have them returned.
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#4
She could apply for an order allowing her to move back to Israel with the kids. She may succeed, she may not. It's not as cut and dried as it was - a decade or so ago she'd have almost certainly got permission.
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#5
I have myself contacted the British UkK passport agency and had a block applied on any future reissue of childs passport as well as contacting reunite international to place an alert with them in ref to abduction.

The issue you will have if the children are removed regardless of the hague convention is that will take time , a considerable length of time to get your children back to UK soil. The mother will simple state that she is now residence of that country. Time is the issue as by the time the courts etc intervene or gone through the process , the argument will be the children are now settled.
It is good that you hold the children's passport.

Hope it gets sorted
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#6
(03-18-2018, 08:44 PM)mrmajestic Wrote: Hi All,

First time posting here. I am a UK citizen, my wife has lived in the UK with me and our first child (born in 2012 outside the EU) since 2015 on a spouse visa that will expire this year in July. Our 2nd child was born in the UK March 2016.

She is demanding a divorce, that we separate, that I pay for her rent and/or that she be allowed to take our daughters and move back to Israel (which is where we met originally and the place of birth of our 1st child).

Both kids are British citizens.

I have seen a lawyer in London who advised me that my wife doesn't have any right to leave the country with our kids without my consent. Although now I read here that in fact she could apply for that consent from a court and might get it... Our children are now 2 and 6, she is still breast feeding the 2 year old.

Right now we are renting a house in N London.  I lost my job in Dec last year and trying to start a new business.  I tell her that we should just extend her spouse visa and focus on raising our kids until she has established herself in London and can afford to get her own place.  However, she is determined to leave me and either take our kids with her (to a place I am supposed to rent in London) or go back to Israel with them and live there.

Would really appreciate hearing from anyone who has been in a similar position and what my best options are to deal with this.

Thanks...

The key fact here is her Imigration Status can be changed or not as once you seperate its not valid.

As far as UK Law is concerened, once you seperate its up to her to fund herself. By law you have to support your children, but that is limited to Child Support in most cases, where the ex claims the Child Benefit. If her passport says no recourse on public funds then that is not your problem.

You could seek a Child Arrangements Order, saying the Children live with you. Unless there is a medical reason, breast feeding will not affect the decision the courts made after the 2nd birthday.

Where no Child Arrangements Order exists, its illigal to take a child out of the UK, without consent from everyone with PR.

Where one does, unless the order says otherwise (or there is a seperate order), only the Parent the Order says  "lives with" can remove a child without the consent of the other, but that is limited to a period of 30 days, for a holiday.
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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