Help! Dual Nationality prisoned in UK

[anniehes]

Hi I am Annie, first time writung here after 3 years of reading threads here.

I am British/S.Korean have three children 10,5 and 4
Havr been seperated ftom ex(British and potentially Irish as his birth mother Irish)
living with Chinese-Amerian lady.

We shares 50-50 joined custody which I regret greatly by giving away believing that would be the only way to stop the stress for children's sake.

I have lived in UK since 2004.
First child born UK
Second and Thrid born in S.Korea
All three hold dual nationality (British, Korean)
Korea has signed the hague convention 2013 but there has not been any practice done whuch means no such a people abduct any child to Korea as the judge comments 'Yet'.

I want to permenantly resident in UK, just want to visit Korea with children.

Ex stopped me doing so, now all our passports with Tipstaff(court)

Issues The judge raised were:

• there is absoulutely no one can answer these questions below in UK because no person who is british and expertise in family law.
  

Question

1. If mother travel to Korean and doesnt return children on time what can fatger do to return the child
   
2. If mother doesn't return, can mother claim that children are korean? If so how would korean court will look into that?
   

So on so on...

Is there any chance for my children to visit Korea at all?? They wish to visit especially their great nan reaching 102 yaers old next year it is absoultely cruel for these young people to suffer.

Ex stated that I am fliggt risk. Dont have a job, no earnings, no house.
Simply because he took the house in London,sold behind my back. Giving 33 pence a day for each child. Left us no ground to start. I am struggling and seems so unfair. What can I do?

[myoriginal3]

How would you afford the flights?

[anniehes]

Thank you for reading my post, but I think you misread my concern and problem.

[VintagePerfumista]

You need to post this in legal.

You would need his permission to take the children to Korea (not because you are separated, but because ANY parent taking ANY child out of the country without the other parent needs that parent's consent)

If he doesn't give it, then your route I guess would be via the courts again. Which I guess is lengthy and costly.

Ask on legal, there are some great experts in family law over there. Look out for prhbridge (or something like that, can't remember exactly) or spero, though I haven;t seen her for ages.

[SVJAA]

Unfortunately you do need his permission, and if he's only refusing to spite you it is possible for you to take him to court. You would be given a strict timeline though, and if you didn't bring the children back on time I doubt you'd ever be able to take them abroad again, and could even compromise them having residency with you.

[PotteringAlong]

Thank you for reading my post, but I think you misread my concern and problem.

I think it's a fair question: if you cannot afford 4 return flights to South Korea then this is a completely hypothetical argument in your own head. Don't waste time and energy (and money if you need to go to court) on this until it becomes an issue.

[myoriginal3]

Tbd you sound like a flight risk to me too. You don't like sharing custody and by your own admission, you have nothing here and presumably a family network in Korea.
Would your dh consider accompanying you all there?
The concerns raised by the judge are valid imo.

[myoriginal3]

Should read tbf!

[VintagePerfumista]

Are you following a legal path to get more maintenance?

Post your thread in legal.

[Coolmamma45]

Hello I am really sorry that you are having such a difficult time - you're ex sounds very controlling; controlling people often know how to play the system to get what they want. I would suggest you find your local citizens advice for some help and support- they can signpost you to solicitors. You mention a lack of money- you should be eligible for legal aid. Try and negotiate through a solicitor. Children have a right to see both sides of families it's not fair or reasonable. Also it's not fair that your family misses out on seeing your children.

[jeaux90]

Yep you need a letter to take them out for a holiday or an order that lets you take them for up to a month if I had the right legal advice on this. My daughters father is in Singapore and no contact but I still have to have his permission to take my kid on holiday from the U.K.