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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi there, Ive lived in England as an American citizen for

Customer Question

Hi there, I've lived in England as an American citizen for 20 years and my husband is english. My children age 12 and 7 have both British citizenship and hold american passports( dual citizens).. My husband walked out on me 10 months ago and I'm heartbroken.. My parents live in Florida and my sister lives in texas. I want to move to america with the children but of coarse my husband doesn't want me to. All my family are there and I need there support at this very difficult time. I've had conflicting advise from being told as the kids have american passports I can just go with the kids without written consent from my husband to needing written consent from him before going. I would never keep the kids from seeing him and he can visit as often as he wants but why should I stay here in England when all my family live in the states... Can you help me please?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact do the children have with their father
Clare
Customer: replied 2 years ago.
They stay one night a week with him
Customer: replied 2 years ago.
My daughter Chloe is very happy to go as she is so upset to see me so depressed, I've had to go on anti depressants and am finding it hard to cope! I need my family to help me!
Customer: replied 2 years ago.
I would give him the address where I am and he can see them as often as he wishes. I would even be prepared for him to have them in the summer holidays ect... I just need to go where my family are there.
Customer: replied 2 years ago.
Funny enough his solicitor said I can just go but my solicitor said I should probably have written consent. He won't give me written consent but said he won't stop me from going.
Expert:  Clare replied 2 years ago.
Hi
Your solicitor is correct.
You need either the father's agreement to the move or an Order from the Court.
If your husband has confirmed via his solicitor that he will not stop you then that is sufficient evidence of his agreement
If he had not confirmed that then you could have faced a claim in the States for the return of the children to the UK until the UK courts had had time to decide whether or not the move is in the best interests of the children
I hope that this is of assistance - please ask if you need further details
Clare

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