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Protecting children from removal from the UK

(5 Posts)
OnceisEnough Fri 03-May-13 14:29:56

My sister has decided to end her marriage after her husband has once again crossed a line that they agreed would not be crossed. He is from another country, and if he were to remove the children she would have no rights to them.

I know from threads I have read that there is a legal procedure that can prevent them from being removed. Can someone tell me what it is called or how to go about ensuring their safety? They are both under two and a half.

She has told him the marriage is over, but he doesn't believe it, and she wants to make sure that the children cannot be taken before she takes any further steps to convince him that this really is it, as he will probably be very angry when he realises that she means it.

NicknameTaken Fri 03-May-13 14:36:10

Your sister needs to get hold of their passports and hide them. She should contact the embassy of the country H is from and ask them not to issue other passports for the dcs.

Lots of information on www.reunite.org

If she thinks at any stage he is literally on the way to the airport with them, she should call the police and ask for an all ports alert.

She should get to a solicitor who is well informed in this stuff (I think the website above has links) and apply for a residence order in her favour.

The Hague Convention provides that children should stay in the place of their habitual residence. If he took them away to a country that has signed this Convention, she has a chance of getting them back, but some states aren't as cooperative as others (and some aren't party to the Convention at all).

Prevention is better than cure. It can be dealt with but she needs to take steps now.

CogitoErgoSometimes Fri 03-May-13 14:55:38

If the line that he has crossed contains any element of abuse or victimisation & if your friend feels in any danger above and beyond having her children kidnapped, then they might also benefit from talking to Womens Aid.

OnceisEnough Fri 03-May-13 14:59:19

Thank you for the link Nickname Taken. There's a wealth of information there that is just what we need.

OnceisEnough Fri 03-May-13 15:08:14

Thank you Cogito. I think she would probably not class it as abuse although it depends what your definition of abuse is. She's not in danger at the moment; she's grief-stricken but calm and determined. But probably still in the kind of shock that accompanies the end of a long relationship.

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