International divorce

[appleandcarrot]

I am currently going through a divorce with my British husband, and we have two British children together. I am not a British citizen and currently hold a spouse visa, but I plan to apply for a family visa as the parent of British children. My soon-to-be ex-husband is living abroad with his girlfriend.

He initiated the divorce and has made a financial offer that I believe is significantly inadequate. My solicitor is currently reviewing and responding to this.

If he continues to make unreasonable offers and fails to meet our legal and financial needs, I would like to understand my options. Specifically, would I be able to relocate to my home country with my children, given that they hold dual nationality?

Can the UK family court require me to remain in the UK with the children, even though their father is living overseas and not providing sufficient financial support?

It would still be classed as abduction

of course if he doesn’t live in the same country as his children it becomes more probable that op would gain permission to remove the children but she should not follow proper legal channels should should wish to relocate - which is gain ex explicit permission or seek legal consent via specific issues order

i agree the current priority is seeking Fair financial settlement based on her needs and ex ability to pay based on staying where the children are currently settled. It sounds likr he’s a high earner and possibly enough assets to Do so but op needs to follow advice of her solicitor who will be in receipt of all facts

I am not a lawyer but am close to two people who have been in similar situations so based on advice they received I would say you don’t need to go to court at all if the father has no objections. Also, if you just left, would he know in order to object given he is not here? He only has 1 year to apply under the Hague convention to force their return in order for the court to decide (assuming your home country is even a signature). Would he be bothered to go to that effort when he found out? Finally, whilst the court can decide on the children, they have no powers over YOU. So let’s assume worst case the father objects and you went to court. You could tell the court you are leaving regardless of the outcome because you cannot bear to remain here. I cannot imagine any court refusing to let the children go with you in order to either go into care or go to a third country to be with a parent they have barely seen recently. That would hardly be in their best interests. So whilst how it happens is not clear, I think if you want to go, you can make it happen.