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Question about custody of children (overseas)

(7 Posts)
Overly Mon 28-Jan-13 04:12:52

Firstly sorry I am going to post this and run but I will get back and will read the replies

To cut a long story short I feel my husband coerced me to move overseas (not Europe) saying it was going to be for ashort while but thinking to himself he would not move back to the uk.

I have pretty much decided marriage is over and I will be returning to the UK , I am thinking I will end up doing this while he is overseas himself for work so in the second half of the year.

Can anyone tell me what the situation is legally if I remove the kids in this way.

We have been overseas just over 2 years and are just at the point when we need to apply for permanent residency, I kind of need to apply since if I don't my husband will work out something is up plus I don't know how much longer the kids will be there legally.

I'm asking since I need to sort out everything and money and find somewhere to live and plan it for when he is away so it will be in second half of year.

Fwiw me and kids have UK passports husband another EU country with permanent residency in this country.

I think if I remove the kids he would prob return to the UK but am about 90% sure he wouldn't want much custody too much like hard work for him.

Sorry that is a bit confusing and thanks for your advice

mumblechum1 Mon 28-Jan-13 07:51:30

Is the country you are in a Hague Convention country?

Overly Mon 28-Jan-13 08:56:27

Google has told me yes

EldonAve Mon 28-Jan-13 13:22:53

It's a bad idea legally - your kids will be considered resident in the overseas country & your OH could ask the court to return them

Then custody etc would be determined in the overseas country

SignoraStronza Tue 29-Jan-13 11:39:30

How old are your children and how long have you lived outside the UK? Do you have a home or base in the UK?

Are you living abroad 'ex-pat' style? i. e. is your husband's contract a UK one and the family has received help with moving/living costs etc?

All this will contribute to establishing 'habitual residence'.

My experience of it is that dd was born abroad. We were moved out with my ex's company but after that cut adrift - he had new country's contact etc. He became increasingly violent and abusive and I meticulously planned my escape for when dd was 2.5. When filing a police report, even the police suggested I just moved back with dd!

However, when I finally did it I lived the first year or so in fear that police would be on my doorstep confiscating passports and forcing a return to other country to fight it, as I had effectively 'kidnapped' dd.

I made sure that she was enrolled in pre-school, learning English and had plenty of contact with gps down the road. Everything I could to establish residence. Thankfully he obviously realised it would cost him money to force my return and he'd have to support us while court case went through (I worked ft in other country as he was to tight to ever share finances).

You have to weigh up whether you wish to begin the legal fight abroad or if you want to leave and suffer the potential stress of the possibility of a fight on your hands. It was excruciating being acquiescent to the ex for a year, in terms of letting him in my home after his flight over and having access to dd but am finally relaxed and free.

SignoraStronza Tue 29-Jan-13 11:43:57

Just re read your post. Please put off applying for residency - keep in mind that your initial understanding was that the move was a temporary one. If your children are older than say, four (bearing in mind that you've been there 2 years) then the majority of their lives will have been spent in the UK.

babybarrister Tue 29-Jan-13 18:51:51

After 2 years they're resident where you are living - it is possible that they would not be allowed to stay for immigration reasons I guess but if you come here there is a risk of Hague proceedings - the 'victim' of an abduction ie your ex is entitled to non means tested legal aid - you would not be ... Have a look at the reunite site smile

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