partner has our child and is refusing to return to the UK

[davejohns]

So we went for a holiday to her home country in the EU, and I had to return a week early for work reasons. On the eve that she and our child was suppose to fly back, she said didn't want to come back. I'm trying to keep things amicable at the moment and intend to fly back out there and resolve things, and is it stands we are not separated, but if that falls apart legally is that still abduction if I do not consent to our child not returning?

This is a very stressful time for me. Thanks for reading

But much more likely that the child will have to be returned to the UK, at least in the interim, which would mean the only way she could continue to live with them is to return also.

Parents can move away, anywhere. But the one that moves away is responsible for getting the child to the other parent for regular/50-50 access. So this ex girlfriend should be booking, funding and arranging flights for the child to be parented by the other parent. I suspect she won’t bother.

Agree with this.

People have for to stop looking at the sex of the parent who has abducted the child and look at the legalities of what has been done.

We fight so hard for equality and we need to treat Al, Al rents the same in these situations.

The website linked to above is a good one.

Good luck.

That's totally untrue though. You absolutely aren't allowed to move just anywhere without the permission of both parents or alternatively a court order.

And where did you get the impression that I had the information that the child was 2 at the time of commenting That aside, that still leaves the question of the reasoning behind the mothers decisions

Because the op has a legal, moral and ethical right to be a father to his child and the mother does not have the legal, moral or ethical right to abduct the child

Because the information was there on the thread before your comment. So if you didn't know then you should have.

Age of the child is n OPs updates. At least RTFT.

There is never a reason for abduction. It is illegal fullstop.

I still bet you wouldn't say this if the father had abducted the child, because of 'reasons.'

Perhaps read the full thread before commenting you have more chance of helping and less chance of looking stupid that way.

I don't have any advice more than anyone else has suggested, but I just wanted to say that I hope your child gets returned to you. I can't imagine how you must be feeling.

But she is not a UK citizen. Would she even be able to return? And furthermore, if she does get convicted of kidnapping, than she might never be able to return to the UK and could even face a prison sentence.

Either way, the situation will never be like it was before.

Because the OP had provided the information 5 hours before your comment, and several subsequent posters had referenced the age

Why is the reasoning important. Someone has abducted the ops 2 year old child, and sitting here picking at them, implying it must be their fault is crass, inappropriate, childish and disrespectful. I get we are over the internet but be respectful, you are questioning the Ops reasoning without knowing the backstory and questioning their intentions.

Tell me exactly how I am stupid for not reading the whole thread.

Prove that I implied that this is the OPs fault. I simply suggested that as we don't have all the information, we cant rule out that this wasn't done in the best interest of the child. Your judgements against me are inaccurate and defamatory

Hague Convention basically says child should return to UK (habitual residence) and custody dispute should be resolved there

@CaptSkippy well she was living there til now and was meant to be returning next week so assume, yes. She is able to live here otherwise op would not be expecting that as of next week. She won't just get convicted of kidnap - that's not how it works. As long as she returns when ordered by the high court then that's fine. If she breaks a high court order then that's on her!

On a scale of 'stub your toe because to you aren't looking where you are going', to 'stick your head inside a crocodile's mouth to see what happens' I think you are residing firmly at 'acting like you have the moral high ground when you don't', sort of centre bottom of the scale, next to 'it's never happened to me so I don't believe it happens.'

I'm assuming this was a serious question...

Prove that I implied that this is the OPs fault. I simply suggested that as we don't have all the information, we cant rule out that this wasn't done in the best interest of the child. Your judgements against me are inaccurate and defamatory

If it truly is in the best interest of the child then the child's mum needs to prove that to the court with legal jurisdiction. (Ie Uk family court).

How exactly am I acting like I have the moral high ground, that implication is hilarious

We don't have all the information about the mum, this could be entirely contrary to the best interests of the child. Mothers can be abusive to.

Funny how being respectful apparently only goes one way with you.

I will repeat again: I simply suggested that as we don't have all the information, we cant rule out that this wasn't done in the best interest of the child. Your judgements against me are inaccurate and defamatory

OP, this IS abduction. That is a criminal offence. So yes you should get legal advice, but you can actually go straight to the police.

she is allowed to travel with her children for a limited number of days without your permission. Not permanently.

she could be summoned back to U.K. under The Hague convention. She is very likely to lose custody (if you so wanted her to lose it), back in the U.K.

I am on the other side of this; trying to leave the country with children, legally. The option to do what she is doing has been explained to me very clearly as a very disadvantaging action to take in the long run.

if you’re not separated, I think you should get into mediation with her asap. Good luck.

Luckily the law doesn't agree with you.

Defamatory- Christ 😆. Anyway the courts will have all the info and will be able to make a decision based on the best interest of the child if OP can't get negation a suitable outcome on their own. We don't need to be in possession of the details as we have no part in the decision.

*negotiate