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Custody UK outside UK

(8 Posts)
user1465906476 Tue 14-Jun-16 13:47:24

Hiya!

Will try to keep it as simple as I can, who has experience or knows a good lawyer who can help me with getting me (mum) and my child to the UK for very good reasons. I am in a profession that is very much needed in the UK, we both are fluent in English and house/school only needs the thumbs up and will be arranged.( Besides...What isn't to love about Blighty?)

Currently child and mother living in EU Country 2
Father living unofficially in EU Country 3, but all evidence is that he does live in that country (house, car, job, mobile, partner, dog, parrot ;) etc etc etc)
All have same nationalitly of EU Country 4 which is other than British (unfortunately)

Divorce and custody arranged by law Country 4, but this country pulls hands of this case as child is resident in Country 2.
Lawyer in Country 2 advices to keep it out of court and look for mediation or possibilities to get the case to the UK.

Any ideas?

Thanks a million in advance xx

redhat Tue 14-Jun-16 13:50:59

MN is not the place to get advice like this. Clearly it's a complex legal matter that will involve you seeking advice from a UK family lawyer, a lawyer in the country in which you currently reside and a lawyer in the country in which your Ex resides. It will be very expensive since international custody matters are complex. I would suggest you look to one of the large London firms.

ThenLaterWhenItGotDark Tue 14-Jun-16 13:58:07

You would need initially to get the father's permission to move the child to a different country. The whole country A, B,C is a red herring. You need a custody agreement from the country in which you are resident,.and permission from the father. Once in the UK you would approach a lawyer if you wanted a custody arrangement different to the one in place.

user1465906476 Tue 14-Jun-16 14:22:51

Redhat, thanks for your comment. I am very much aware that this isn't the place for legal advice. Hence the fact I do have a lawyer. It is the place though, to maybe get into contact with mums who might have experienced the same and would be able to give me good ideas or a lawyer who has experience in these matters. Just like you did, to try the London law firms.
Not to try is always a no as answer smile
TLWIGD, thank you too. Yes...red herrings all over...

Familylawsolicitor Tue 14-Jun-16 22:16:21

I can PM you some names of very good London international children lawyers they will be expensive though £300-£600 p/hr plus VAT
However if your child is habitually resident in EU country 2 then that country has jurisdiction and you need a shit hot lawyer there
There's nothing an English lawyer can do whilst none of you are here and just hoping to come here

redhat Wed 15-Jun-16 08:06:11

That's what I don't really understand. Why is the lawyer in your country advising you to "try to get it to the UK"? The UK lawyer is only really relevant insofar as advising about the implications for your ex of you taking your child to the UK (and his ability/inability to get him back). If your ex is properly advised (or cares) he will be told to contest you removing the child from the jurisdiction.

Speaking from bitter and recent experience (and as a lawyer), this will be long and messy and extremely expensive if your ex is not in agreement with your plans. You are looking at tens of thousands in legal fees. In my case (UK/US) the bill was over £40k plus vat and that was without the lawyer even doing any advocacy (court work) and without a full hearing (because it settled before we got to that stage).

VimFuego101 Wed 15-Jun-16 08:11:53

You need to see a lawyer in the country where the child is resident. I have no idea why the lawyer would tell you to 'get the case to the U.K.'; if you attempt to take the child out of the country without permission you could land yourself in serious legal hot water. That said, if the father is resident in a different country to the child anyway, you could make a reasonable argument that his relationship with the child is unlikely to be impacted since visits will no doubt require a flight and be fairly infrequent regardless of whether you move. Why do you want to move to the UK so badly?

babybarrister Wed 15-Jun-16 09:23:31

I agree - if you bring the child who is resident in another to this jurisdiction without either your ex's consent - wherever he may be living which is totally irrelevant to the issues of his consent - or an order of the court of the jurisdiction WHERE THE CHILD IS LIVING - it is abduction and the courts of England and Wales will make an order within 6 weeks for the child to return to the place it was habitually resident in.

Your overseas lawyer does not sound very switched on and seems to be encouraging you to carry out what would be as a matter of law a clear child abduction.If you PM me with the name of the jurisdiction where the child is currently living I will see if I can recommend someone

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