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Ex in prison won’t let me move(9 Posts)
Hi this is my first post on here I hope you guys can help.
I’m basically trying to help my friend with some advice.
She and her husband were married, had 3 kids and around 5-6 years ago he got arrested for serious crimes and was sent to prison to serve atleast 14 years. At the time the kids were aged 6 and under. He was abusive, unemployed and whilst in prison the wife was clearing all debts, raising the kids and covering all expenses whilst also sending him money.
Eventually she filed for divorce last year but his family kept coming over saying they wanted to see the kids but she feels it was to keep an eye on her. Over the past two years she hasn’t let the kids visit their dad in prison saying he brainwashed them against her and whatnot, to the point that there’s been no visits for 2 years and no phone contact for around a year.
Last week she moved to the states with the kids without telling him. Her reasons for doing so are because she found a well paying job there, she has extended family support there too and it’ll prevent her ex husbands family from coming over and she’ll be able to live her life without any interference from them.
He’s now threatened to file a case for Child Abduction unless she returns. She’s offered telephone contact which he has declined.
So she’s asked a few of us some questions which I hope you guys can help answer.
1) Will she get done for Child Abduction as he has threatened if she remains stateside?
2) Can she legally get his parental rights removed so he has no legally enforceable way to contact her and/or the kids?
Thanks again guys
Unfortunately I think yes is the answer to both of the questions assuming he has parental responsibility for them.
I would contact a solicitor as soon as possible.
It might be ok as she is already in the states as I'm not sure how it would work in ordering the children back, I'm assuming they no longer have a property to be living in back in the UK.
She needs to consult a family law attorney in the US. I do know that when American parents try to retrieve a child that a spouse has taken to another country that it is a long, difficult and expensive process. ExH might not have the means or desire to actually pursue it.
I'm not an expert but what did it say about physical and legal custody in the divorce? Did she seek the permission of the court that granted her custody?
This really is not a mn advice . She needs proper legal advice.
Child abduction is a serious offence so assuming she has moved countries I am not sure she can move without his permission or courts if a disagreement
On anecdotal evidence only, the US authorities will support their citizen (your friend) and it will be very difficult for her exH to force her to move back to the UK. However, every case is different and your friend needs proper legal advice (maybe from solicitors in both jurisdictions).
She needs proper legal advice (from both sides) and should accept she did not do this correctly - she should have tried 2) before she did it
This isnt a small move - although if she is a US citizen the US would support her she has in effect removed UK citizens from their birth country
Bluntly, yes - it is illegal to remove a child from the country without the consent of everybody with parental responsibility. She can be arrested and charged with child abduction. What she's done risks the kids having both their parents in jail, so to describe it as stupid and irresponsible barely begins to cover it.
In terms of removing parental responsibility, courts don't take this lightly. It can be done, but is usually only done where the parent is a threat to the kids. Convicted paedophiles and the like. If his crimes were of that nature, it is possible that she could get his PR removed. If they weren't, it's extremely unlikely - particularly as she has absconded abroad with the kids, and has actively prevented him from having contact with them (rather than him opting out). She's done herself no favours with the court by the way she has gone about this.
Your friend needs to urgently take legal advice, and start going about this the right way.
The court has no power to remove PR from a father who was married to the mother.
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