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When Your Ex Emigrates With Your Children

By: Guest Article - Updated: 18 Feb 2017 | comments*Discuss
 
Children Abroad Wrongfully Removed

The modern world is getting smaller, with more and more people living and working abroad. It's no surprise that the number of international families is on the increase but what happens to the kids when these relationships break down and the mother wishes to return to their home country with the child? What rights does the father have?

Your Rights

If both parents have parental responsibility for a child it is a criminal offence in the UK to emigrate with a child without the permission of the other parent or without an order of the Court. Parents have Parental Responsibility for children in the following circumstances:

  1. The Mother - always has PR
  2. The Father - if he was married to the Mother, or if he was named on the birth certificate and the child was born after 1st December 2003 or if there is a PR agreement stamped by the Court

Outcomes

There are 4 outcomes if one parent wants to take the child abroad to live permanently:-
  1. Permission refused by the Court and the Mother abandons her plans or the child moves to live with the Father
  2. The Mother and child emigrate with the Father'sagreement
  3. Lawful removal of the child by the Mother
  4. Unlawful removal of the child by the Mother

Outcome 1 is self-explanatory but let's looks at the other 3 outcomes in more detail:

Outcome 2 - Emigrate with Father's Agreement

Where the parents reach an agreement which permits one parent to move abroad with the child whist ensuring that they maintain a good relationship with the other parent. International travel is much cheaper and often parents agree a schedule of annual contact involving return trips to the UK in the school holidays and weekends and visits by the non-resident parent to the child's new home. Other forms of contact can be agreed upon such as Skype, telephone, email and Face time.

In these circumstances it is always wise to apply to the Court to request an order in the agreed terms to prevent any problems further down the line. A court order may also be required by the immigration authorities if the proposed move is by a non-national who requires a Visa. Depending upon the Country where the child is going to be residing, it may be necessary to obtain a mirror order in the new state reflecting the terms of the English Court order. You cannot assume that Court Orders made here are enforceable abroad. If the move is to an EU country the order would be directly enforceable but unless the English court order expressly retains jurisdiction, it will pass to the new state after 3 months and in theory an application could be made in the new state to vary the agreed terms. If the new home is a signatory to the Hague Convention, the Central Authority in London can assist in enforcing a contact order abroad. If the new home is outside the EU and is not a signatory to the Hague Convention, for example Arab States and the Far East, retaining jurisdiction here or obtaining a mirror order is the best form of protection.

Outcome 3 - Lawful Removal of Child

Where parents cannot agree it is necessary for the parent wishing to remove the child to apply to the Court for permission to do so. If permission is granted, contact will also be ordered. This will then result in the lawful removal of the child. Depending on the child's destination and whether that country would enforce the English Court order (as in EU Countries) it may be necessary to obtain a mirror order in the new home country to ensure contact is maintained. See above " 2 .Agreement"

Outcome 4 - Unlawful Removal of Child

Where parents cannot agree and the parent wishing to leave simply takes the child without permission, this is parental child abduction. It is a criminal offence to remove a child from the UK without the permission of the other parent or order of the court (save for where the parent has a residence order and removal is for less than 28 days). If you suspect that your child has been taken abroad you will need to access specialist legal advice immediately. In some cases it is possible to stop a child leaving the country by notifying the ports and airports who will place the child's details on a watch list. If the child has already left the UK, a lot will depend upon where they have gone and whether that country has an agreement with the UK to return wrongfully removed children. There are unfortunately circumstances where children are not returned which could result in the child losing its relationship with the other parent.

If you are separated from your child's mother and these issues arise for you it is important that you obtain specialist advice from a family lawyer with an international background which will enable you to consider the best way forward for you and for your child to ensure your relationship is maintained.

About the Author

This was a guest post written by Louise Halford, a family law Partner at Pannone LLP who specialises in child abduction.

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Hi, I am from Argentina, my husband English and we live in England with our British /Argentinian 2 year old. MY husband is the worker and I am a stay at home mom. If I have a home in my home country, the health system is free like the NHS, the school system is free like in the UK with free daycare since 45 day old babies, so I have a place to leave her while I work/look for work, and also have family that helps me financially. Is it posible that if I separate and want to go back home with her, a court would rule in my favour to leave the UK? My husband, when we argue, tells me thst since he is the one that works, he would get to keep our daughter if we split. Is it not taken in considerstion the fact that he can work becausr I look after our daughter and we dont pay daycare? Are casea like mine usually difficult to rule in favouur of the mom to leave the country, since I would not be able to stand on my feet with how difficult daycare cost is and a single parent? And I would be able to donit in Argentina? Thank you!
Tana - 18-Feb-17 @ 12:20 AM
Hi, I am from Argentina, my husband English and we live in England with our British /Argentinian 2 year old. MY husband is the worker and I am a stay at home mom. If I have a home in my home country, the health system is free like the NHS, the school system is free like in the UK with free daycare since 45 day old babies, so I have a place to leave her while I work/look for work, and also have family that helps me financially. Is it posible that if I separate and want to go back home with her, a court would rule in my favour to leave the UK? My husband, when we argue, tells me thst since he is the one that works, he would get to keep our daughter if we split. Is it not taken in considerstion the fact that he can work becausr I look after our daughter and we dont pay daycare? Are casea like mine usually difficult to rule in favouur of the mom to leave the country, since I would not be able to stand on my feet with how difficult daycare cost is and a single parent? And I would be able to donit in Argentina? Thank you!
Tana - 18-Feb-17 @ 12:19 AM
Hi, I am from Argentina, my husband English and we live in England with our British /Argentinian 2 year old. MY husband is the worker and I am a stay at home mom. If I have a home in my home country, the health system is free like the NHS, the school system is free like in the UK with free daycare since 45 day old babies, so I have a place to leave her while I work/look for work, and also have family that helps me financially. Is it posible that if I separate and want to go back home with her, a court would rule in my favour to leave the UK? My husband, when we argue, tells me thst since he is the one that works, he would get to keep our daughter if we split. Is it not taken in considerstion the fact that he can work becausr I look after our daughter and we dont pay daycare? Are casea like mine usually difficult to rule in favouur of the mom to leave the country, since I would not be able to stand on my feet with how difficult daycare cost is and a single parent? And I would be able to donit in Argentina? Thank you!
Tana - 18-Feb-17 @ 12:19 AM
Chris.t - Your Question:
My Canadian ex wife wants to get dual citizenship for our 7 year old son and a Canadian passport. My so and I are British but I'm afraid she might take my son and move to Canada without my permission if he's a Canadian citizen. Does anyone know where I can find any information on this?

Our Response:
As outlined in the article, if both parents have parental responsibility for a child it is a criminal offence in the UK to emigrate with a child without the permission of the other parent or (if the other parent refuses consent) without an order of the court. This is classed as abuction, please see link here.
SeparatedDads - 16-Feb-17 @ 11:58 AM
My Canadian ex wife wants to get dual citizenship for our 7 year old son and a Canadian passport. My so and I are British but I'm afraid she might take my son and move to Canada without my permission if he's a Canadian citizen. Does anyone know where I can find any information on this?
Chris.t - 15-Feb-17 @ 4:34 PM
@Ian thank you for your reply. We already have his passport, they did ask for details from the Mother, we gave them the info we knew such as name and DOB and told them that we have no idea where she is, hence why we can't send her birth certificate and that she has been absent for three years now and they sent us the passport after that statement. I am wondering how much it'll cost through court and if she'll try using her power of parental responsibility out of spite and won't give her consent. We tried finding her, via social media etc. also her parents seem like they don't know where she is or don't want to know. It's a pain.
Jenny - 8-Feb-17 @ 7:18 PM
@Jenny - wouldn't you have to get consent fromt he mother to apply for the boy's passport anyway? By law you're supposed to get consent to move away from any parent who has PR. The right way to do it would be to apply to court - or it can be classed as abduction. But if you apply through court, you shouldn't have a problem getting the go-ahead if the mother doesn't see the child. Ian.
IB65 - 8-Feb-17 @ 11:48 AM
Hello, I hope you can help me. I am from Germany, living in the UK since 3 years. I have 14 year old boy still living in Germany, am currently pregnant and have a 4 yer old son living with me. My partner since 3 years has an 8 year old son from a previous relationship. We are a happy patchwork family and are thinking about moving to Germany together. My partner and his ex have shared parental responsibility though my partner has the right that his son is to live with him. We have not heard of his ex partner for 3 years now. She has the address and his phone number. Her parents get in touch once a year and send presents for Christmas and Birthday which is in January. They never call or ask to meet him. The Mother is absent, we have no idea where she is, also she has no interest, she never sends a card or nothing, since 3 years. Where do we stand if we decide to move to Germany, do we need her permission? The boy doesn't even remember her and doesn't want her in his live. And she obviously isn't interested in being a part either. I hope you can give me some advice because we want to move before the baby is due. Thank you very much in advance. Kind regards Jenny
Jenny - 7-Feb-17 @ 7:19 PM
tata - Your Question:
I like some advices please, my never married my ex and he is not registered in to the birth certificate of my son who is now 7 but I let him to spent significant time with him until my son reports that he was unhappy with his dad so I stop the contact. Now the father send me o court for access but I wanted to leave to return to my country. do I still can do it even if a have a court hearing date my son has only my nationality we are registered expatriates from my country. What will happen if a don't attende the court ?

Our Response:
In this instance you would have to seek legal advice.
SeparatedDads - 31-Jan-17 @ 10:31 AM
Ilike some advices please, my never married my ex and he is not registered in to the birth certificate of my son who is now 7 but I let him to spent significant time with him until my son reports that he was unhappy with his dad so I stop the contact. Now the father send me o court for access but I wanted to leave to return to my country.do I still can do it even if a have a court hearing date my son has only my nationality we are registered expatriates from my country. What will happen if a don't attende the court ?
tata - 30-Jan-17 @ 10:17 AM
HelpNeeded - Your Question:
I am running out of places to get advice.My wife wants to take my child back home to the Philippines for 2 weeks. I have a good relationship with my wife, and a strong relationship with my 9 year old child. I am unable to travel with them, because of work commitments.Whilst I am fairly certain my wife will not abduct my child, I am just wondering if there are any steps I can take to prevent it happening, short of purely stopping him from going which would have a calamitous effect on our relationship.She has a sister based in the UK and another in New Zealand. Her sister once offered her a job elsewhere in the UK, and my wife was willing to accept it and take our child with her. If, for arguments sake, my wife disappeared with my child, would her family members be questioned by police especially since it can be proven that they my be helping her financially?

Our Response:
A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child abroad and not returning. It then becomes extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. If you apply for a PSO, but specify you are allowing your wife to take your child on holiday, then your wife would have to appear before a magistrate and prove she is not likely to leave the country and not return. However, if your wife agrees and then still decides not to return to the UK once abroad, there is no easy way to deal with this, especially if your wife has taken your child to a country that has not entered into an agreement with the UK. Therefore, it may be hard to have your child returned to you. At present there are 45 countries that have entered into an agreement with the UK to help with the recovery of a child in such circumstances. If you are concerned I can only suggest you seek specialist legal advice regarding this matter. Please also see link here. Through this answer we have highlighted the worst case scenario and we do not wish to scaremonger. Abuduction is still very rare, and I'm sure your wife will take your son away for two weeks and they will return safely without any cause for concern, but abduction also does and can happen. Therefore, we are answering your question so that you can make a decision based upon having the full facts to hand.
SeparatedDads - 25-Jan-17 @ 11:39 AM
I am running out of places to get advice. My wife wants to take my child back home to the Philippines for 2 weeks.I have a good relationship with my wife, and a strong relationship with my 9 year old child.I am unable to travel with them, because of work commitments. Whilst I am fairly certain my wife will not abduct my child, I am just wondering if there are any steps I can take to prevent it happening, short of purely stopping him from going which would have a calamitous effect on our relationship. She has a sister based in the UK and another in New Zealand.Her sister once offered her a job elsewhere in the UK, and my wife was willing to accept it and take our child with her. If, for arguments sake, my wife disappeared with my child, would her family members be questioned by police especially since it can be proven that they my be helping her financially?
HelpNeeded - 24-Jan-17 @ 2:32 PM
Nanna - Your Question:
My husband and I are both English living in France and have separated but he says I am not allowed to take my children back home to England to live. We all struggle speaking French and I can't get a job so I have no other solution, will I get in trouble if I take them home? He works in France he has a good job.

Our Response:
As you both have parental responsibility, theoretically you would have to apply to court and the court would make a decision based upon what is in the best interests of your children. As specified in the article, if you take the children without your husband's consent, he could try to bring you and them back through the courts and the worst case scenario is; you could be charged with abduction. However, much depends upon how long you have lived in France and whether the children are established/schooled/have extendd family there etc. If the children are living with you, you cannot get a job and are struggling financially and you have a supportive family network in the UK, there is a good chance you will be allowed to leave the country, should the matter have to go to court.Therefore, I suggest you seek some legal advice in both France and the UK to explore your options.
SeparatedDads - 23-Jan-17 @ 2:07 PM
My husband and I are both English living in France and have separated but he says I am not allowed to take my children back home to England to live. We all struggle speaking French and I can't get a job so I have no other solution, will I get in trouble if I take them home? He works in France he has a good job.
Nanna - 22-Jan-17 @ 5:24 PM
my ex and i are both from zimbabwe but resided to UK and started a life there but our marriage went south but never got legally divorced and he took my two kids back to zimbabwe without my knowing and they were both born there ,my daughter eventually moved back but my son stayed in zimbabwe with his father but now his father is having financial problems and has left my son with his uncle as he has gone to South Afica to look for a job ,how can i get my son back ? he is only 15
qwertyyaj - 21-Jan-17 @ 8:24 PM
My wife and I have been separated since 2014. We have a 5 year old son who lives with her. We signed a custody agreement that allows her to live in Europe and USA as we all hold dual citizenship. Now she is planning to move to Japan for work. Can she do that without my permission?
Father - 17-Jan-17 @ 6:48 PM
I have been married for 9 years to an Australian, who has resided in the U.K for the last 15 years (she is dual nationality, Dutch & Australian).We have two children (3+7). Our marriage is breaking down and I think we are going to start divorce proceedings. My wife says she will re-locate to Australia where her family live, if this happens. Whilst I am not the primary are giver when I am not at home, (my wife does not work) I take care of all bills, school fees, family holidays etc and we have shared a family home for 10 years. My Children have a very strong support group in the U.K and we make yearly visits to Australia, which my children do enjoy very much I think my wife is already making plans to set wheels in motion to initiate proceedings, she keeps making comments about me being a bad dad etc Please advise if there are any immediate action I should take. KR.
Distraught - 7-Jan-17 @ 8:10 AM
Upsetdad - Your Question:
I have a 10 year old son who moved back to the UK in August this year with his mother who I gave permission to. She has now decided as I have a new relationship that I cannot speak to my son at all. She has blocked me on FaceTime, changed her landline telephone number and will not answer her mobile phone. Up until 3 weeks ago I spoke with my son everyday. I live abroad what can I do?

Our Response:
If your ex is refusing all negotiation, then you would have to seek legal advice regarding taking the matter to court to apply for a C100 contact order.
SeparatedDads - 5-Dec-16 @ 12:51 PM
I have a 10 year old son who moved back to the UK in August this year with his mother who I gave permission to.She has now decided as I have a new relationship that I cannot speak to my son at all.She has blocked me on FaceTime, changed her landline telephone number and will not answer her mobile phone.Up until 3 weeks ago I spoke with my son everyday.I live abroad what can I do?
Upsetdad - 4-Dec-16 @ 6:24 PM
Dickie - Your Question:
Hi I am a dad that has his son live with him permanently and has no contact with his mother due to his own feelings my son is 16 in february and takes his Gcse's in june I wish to emmigrate to New Zealand for work life and due to my age and to be honest for his future and experience! how does it stand woth the education system as now they are supposed to stay at school until 18 if live in the country but hopefully he would go to college n NZ.But although he doesnt speak to his mother she can stop this due to being his mother!so I have to take her to court to get her permission and she has the right to stop it to no advantage and will only push them further apart and can use the education as a tool!im 41

Our Response:
As the mother has parental responsibility, then regardless of whether your son sees her or not, you would still need her consent to take your son abroad. If his mother objects, then you would have to approach the court. However, the court is likely to opt in your favour if your son has not had a day-to-day relationship with his mother for some time. As your son is 16, his opinion regarding whether he wishes to emigrate will also be taken into consideration by the judge.
SeparatedDads - 29-Nov-16 @ 12:13 PM
Hi i am a dad that has his son live with him permanently and has no contact with his mother due to his own feelings my son is 16 in february and takes his Gcse's in june i wish to emmigrate to New Zealand for work life and due to my age and to be honest for his future and experience! how does it stand woth the education system as now they are supposed to stay at school until 18 if live in the country but hopefully he would go to college n NZ. But although he doesnt speak to his mother she can stop this due to being his mother! so i have to take her to court to get her permission and she has the right to stop it to no advantage and will only push them further apart and can use the education as a tool! im 41
Dickie - 28-Nov-16 @ 8:28 PM
Hello, I am a Pakistani, my husband is a European/Pakistan. I had arranged marriage with him.He was with me for 3 months, he got me pregnant and went back to Europe. He left me with his parents. I was suffering from domestic violence from my in-laws.So I went to my parents home and gave a birth to his child. After sometime he came to me and he said sorry for what happened and it will not happen again in the future. I went with him to his parent’s home and the level of domestic violence even increased because he was torturing me every day.I left his parent’s home and came back to my parent’s home. After sometime I called him and he said to me that I don’t want you and your child too.Its two years now and we don’t have any contacts. He is gone back to Europe and disappearing. I tried to find him but I couldn’t manage to get hold of him. I am unemployed and financially I am straggling to support my child. I was the one who sacrificed everything. I don't know where to start and who to approach. I wonder if you can help. Thank you!
support - 18-Nov-16 @ 11:31 PM
Eddie - Your Question:
Hello,this is my situation:my wife (british) took away our kids (1 an 3) to the U.K, we got married in Chile, I am a Chilean citizen. Today she lives in the U.K. with her mum, I am in Chile, I am trying to get to have a life with her and she after 2 months decided that I am no longer necesary in her life, so they kids don't need me either.I don't know what to do, I can just apply for residence in the U.K. just because I am the father of 2 british children, my wife would not help me either with the spousal visa.I am facing the fact that I have lost my children.I appreciate your help,thank you very much,Kind regards,Eddie.

Our Response:
I am very sorry to hear this. I'm afraid you cannot apply to live in the UK on the basis that you are the father of two children. You would have to organise a visa independently, if you can i.e a visitor visa or a work/study visa. Otherwise, your only alternative is to seek advice from an international family law solicitor regarding an application for access, but unfortunately this will be costly.
SeparatedDads - 17-Nov-16 @ 10:22 AM
Hello, this is my situation: my wife (british) took away our kids (1 an 3) to the U.K, we got married in Chile, I am a Chilean citizen. Today she lives in the U.K. with her mum, I am in Chile, I am trying to get to have a life with her and she after 2 months decided that I am no longer necesary in her life, so they kids don't need me either. I don't know what to do, I can just apply for residence in the U.K. just because I am the father of 2 british children, my wife would not help me either with the spousal visa. I am facing the fact that I have lost my children. I appreciate your help, thank you very much, Kind regards, Eddie.
Eddie - 16-Nov-16 @ 4:24 AM
Hello i have a family matter and Immigration question. 1. I am a single dad with 2 girls 10 and 14 (same mother) who I have full residence off. There mother is a heron user( when I met her 15 years ago I help get her off the heron.Also she was givena scedule 1 status for biting and neglet of her 2 older children .) ( When my eldest was born I was given residence and full pr.Same when my youngest born. ) we never married and we at to go to alot of meetings etc. We separated before my youngest was born but we used to have a on off relation. Over a few years Alot of the time she never made any effort to visit our children so I picked her up from her home. About 6 years ago she walked out and told the children she never wants to see them again.The children said ok. Simple as that.Then 8 months later she would turn up when the children were at school and say she's taking me to court and she wants to see the children.That took 3 years . I which time the children didn't want anything to do with her. We had cafcass involved and social services.They said even though the children say they don't want to see her they are going to allow contact at a centre. I agreed and we went to court. This went on for 6 months then she wanted contact at her flat. I managed to get it supervised and ask the court for her to do a drug test.I got it supervised for 1 month but no drug test. She was given a contact order.After supervised contact came to an end I dropped them off even though they refused to go.When I picked them up they told me they never want to go ever again. I asked why they said men and women kept pressing her buzzer and she would let them in they would then knock on her door. She would buy drugs and chat with them while my children sat I the room listening to her talk about drugs etc. The following Saturday the children would not get dressed to go to there mothers so I made them get into the car. As I drove to her home they started crying and kicking off. So I took them back home. I telephoned there mother and she wasn't bothered. 6 months later I received a letter from cafcass again and SS and court started again. I represented myself as legal aid wasn't available. But she still had it.1 month before the hearing I saw her at court and I told her I have demanded I hair strand test for drugs as she claimed she is drug free. (Clearly not). On the day of the hearing the judge was telling me off for breaking the order and that I can go to prison etc.I replied to the judge that my children were I danger and after they wrote you 2 letters saying this and that they didn't want to see there mother. Then the judge turn to there mothers solicitor and asked were she is as the judge was going to grant her contact.Her solicitor told the judge that she as withdrawn her application.The judge was fuming and was about to dismiss the case when I asked the judge what I can do to stop there mother from taking me to court. The judge made an
darren - 11-Nov-16 @ 7:08 PM
Hello i have a family matter and Immigration question. 1. I am a single dad with 2 girls 10 and 14 (same mother) who I have full residence off. There mother is a heron user( when I met her 15 years ago I help get her off the heron.Also she was givena scedule 1 status for biting and neglet of her 2 older children .) ( When my eldest was born I was given residence and full pr.Same when my youngest born. ) we never married and we at to go to alot of meetings etc. We separated before my youngest was born but we used to have a on off relation. Over a few years Alot of the time she never made any effort to visit our children so I picked her up from her home. About 6 years ago she walked out and told the children she never wants to see them again.The children said ok. Simple as that.Then 8 months later she would turn up when the children were at school and say she's taking me to court and she wants to see the children.That took 3 years . I which time the children didn't want anything to do with her. We had cafcass involved and social services.They said even though the children say they don't want to see her they are going to allow contact at a centre. I agreed and we went to court. This went on for 6 months then she wanted contact at her flat. I managed to get it supervised and ask the court for her to do a drug test.I got it supervised for 1 month but no drug test. She was given a contact order.After supervised contact came to an end I dropped them off even though they refused to go.When I picked them up they told me they never want to go ever again. I asked why they said men and women kept pressing her buzzer and she would let them in they would then knock on her door. She would buy drugs and chat with them while my children sat I the room listening to her talk about drugs etc. The following Saturday the children would not get dressed to go to there mothers so I made them get into the car. As I drove to her home they started crying and kicking off. So I took them back home. I telephoned there mother and she wasn't bothered. 6 months later I received a letter from cafcass again and SS and court started again. I represented myself as legal aid wasn't available. But she still had it.1 month before the hearing I saw her at court and I told her I have demanded I hair strand test for drugs as she claimed she is drug free. (Clearly not). On the day of the hearing the judge was telling me off for breaking the order and that I can go to prison etc.I replied to the judge that my children were I danger and after they wrote you 2 letters saying this and that they didn't want to see there mother. Then the judge turn to there mothers solicitor and asked were she is as the judge was going to grant her contact.Her solicitor told the judge that she as withdrawn her application.The judge was fuming and was about to dismiss the case when I asked the judge what I can do to stop there mother from taking me to court. The judge made an
darren - 11-Nov-16 @ 7:56 AM
Hi, I had a child in 2011 in the UK, I (father) hold dual nationality UK/Venezuela, the mother Venezuelan/Spanish. When the child was about 7month the mother took her to Venezuela, the trip was mean to be short and she stayed there ever since, as I also have links there I traveled since then once or twice a year to see my child, also I maintained regular skype contact, the mother never let me see the child other than her home where she lives with her mother, the child’s grand mother, for all this years I’ve been manipulated and blackmailed that I wont see my child again, from both, mother and grandma. The child now 5 ½ and me developed a very lovely and affectione relationship, thanks to all the efforts I made to maintain contact. On my last trip in December 2015 through Jaunuary 2016, and just after one week of being there, the mother acused me with the authorities of inappropriate sexual behavior and that sort against my own daughter. Since then, I havent have any contact and being stuck in a legal case in a country that its legal system its quite dysfunctional, to say the least. My legal team there, now have advised me acuse the mother here of abduction with the police, Im not talking about the Hague convention, just plain going to the police or authorities here and do so. The aim is to escalate this, so the case can move, and avoid the mover leave the country by flagging it on the Interpol or so. My question is, all I been told when contacting reunite etc (not about this last part) is that it is quite difficult to do anything now as more than 2 years have past. What can I do then? I just want access to my child. Pretty desperate, in a limbo.
robalo - 14-Oct-16 @ 6:04 PM
Upsetdad - Your Question:
I have 2 girls (9 &7) from previous relationship which ende 5 years ago. Since parting have lived around corner from mum, for 5 years have (by amicable agreement) looked after kids on alternate nights. 3 years ago met new partner, a German lady who was living in France. She quickly fell pregnant, moved to uk to live with me and we now have a 2 year old son. We have had huge problems recently, many of my doing. I returned from work a couple of days ago to find a note saying she has moved back to her parents in Germany, taking my son, and our relationship was over and she and my son was staying in Germany.do I have any legal rights, what should I do? I want a proper relationship with my son, I want him and his sisters (who are very loving and close to one another) to be able to spend proper time and grow up together.

Our Response:
If you have parental responsibility then your ex should have asked for consent to move away from the UK. Therefore, this is essentially 'abduction' and if you wish to pursue this you would need to seek legal advice.
SeparatedDads - 13-Sep-16 @ 2:24 PM
I have 2 girls (9 &7) from previous relationship which ende 5 years ago. Since parting have lived around corner from mum, for 5 years have (by amicable agreement) looked after kids on alternate nights. 3 years ago met new partner, a German lady who was living in France. She quickly fell pregnant, moved to uk to live with me and we now have a 2 year old son. We have had huge problems recently, many of my doing. I returned from work a couple of days ago to find a note saying she has moved back to her parents in Germany, taking my son, and our relationship was over and she and my son was staying in Germany.....do I have any legal rights, what should I do? I want a proper relationship with my son, I want him and his sisters (who are very loving and close to one another) to be able to spend proper time and grow up together.
Upsetdad - 13-Sep-16 @ 3:22 AM
No6 - Your Question:
Me and my family all live in the US. As we are slowly getting divorced, I told my children that I had plans to go back to live in England. We talked about visitations, travel back and forth US/UK, etc. My wife learned about that from them before I had a chance to tell her and is now furious. She took my kids' passports away and hid them somewhere. She has also warned me that she would never allow them to visit me in England because she "cannot trust me". Is she allowed to do that without court orders or anything from the state saying that she could?

Our Response:
You would have to take some legal advice in the US regarding this - but yes, she can try to prevent it. If your wife is against your children visiting you in the UK, then it's not her but you who would have to apply though court.
SeparatedDads - 22-Jul-16 @ 10:59 AM
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