How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Can my wife take our 2 children aged 11 and 13 to the USA without

Customer Question

Can my wife take our 2 children aged 11 and 13 to the USA without my permission?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Is this for a holiday or for good?
Clare
Customer: replied 1 year ago.

Hello Clare,

I think it is just to meet with a woman that my wife au paired with 25 years ago as my boys have 2 weeks Easter holidays at the end of this month.

I don't want them to go at all and she (my wife) is saying she can just take the boys from our family home and go even if I don't agree with it.

I don't quite know where I stand !

Currently we are still married and all live in the same family home but behind the scenes now the boys are a getting older it seems we may be separating.

Customer: replied 1 year ago.

hello Claire

I don't seem to have heard anything did my reply reach you ok?

Customer: replied 1 year ago.

Hello Clare

I have e mailed twice now and don't seem to have had a response and the issue is quite pressing

can you confirm receipt of my response and a time line in regards ***** ***** response

Thank you

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - I was in court on London yesterday
In fact technically your ex cannot take the children out of the country without your agreement or an order from the court.
However in order to stop the trip you would need to apply to the court for a Prohibited Steps Order to prevent the trip - and the court would wish to know why you wished to prevent a holiday for the children.
I appreciate that this case may well have other aspects that need clarifying so please ask any follow up questions you need to
Clare
Customer: replied 1 year ago.

Hello Clare

We are currently still married and all still live in the family home my fear is that my wife will try and take our children without my permission.

I don't know if she can or indeed if she needs visas for her and the boys but I would like to know where I stand as their father if I don't want them to go

Can she just take them ?

Hope to her further

Th-q

Expert:  Clare replied 1 year ago.
Hi
If you do not wish them to go then you need to apply for a Prohibited Steps Order from the court and explain to the court why you do not wish them to go on this holiday
Clare
Customer: replied 1 year ago.

Hi Clare

Even though we are still married ?she can take them without my permission then?

What is the court and how do I do that- the main reason I don't want her to take then is because I think they (The US women and my wife) are planning to divorce me and then take our children to the US permanently!

Expert:  Clare replied 1 year ago.
Hi
Do you mean that you believe that she will not return with the children from the trip?
is she American?
What information do you have to support this fear?
Clare
Customer: replied 1 year ago.

No she has a British passport

And not a lot to support the fear- apart from certain "innuendoes" made when arguing maybe just being paranoid and if she can take them in any case there does not seem a lot I can do about it.

The US lady is I am told very wealthy 67 year old and after 20 years out of my wife's life came back into it via a chance face book encounter last July and things have spiralled out of control ever since that point and now my wife's appears to be planning this trip. It is not actually openly discussed that is my worst fear and I was just seeing if she has the right to take our children if I don't want them to go ?

Expert:  Clare replied 1 year ago.
Hi
You have noting to fear as your ex would not be able to retain the children in the States without your agreement or an Order from the UK court.
Since you have no substantive reason for objecting to the trip it would be unwise to launch into a court application - but you should instead arrange for family counselling so that you can discuss your concerns openly
Clare
Customer: replied 1 year ago.

Thank you Clare

as I said we are currently still married (so not my ex) quite like the family counselling idea where does one go for that / arrange for that to happen?

Expert:  Clare replied 1 year ago.
Hi
You should be able to find a local family counsellor via your GP
Clare
Customer: replied 1 year ago.

Hello Clare

Thank you for your assistance re my wife taking our children to the US as you are aware it is against my wishes and as the income earner I am not willing to pay for it however over the years I have purchased quite a few valuable jewellery items and I believe she is looking to sell these items to the American lady to pay for the trip and transfer the extra funds into her own bank account. Can she do that?

Expert:  Clare replied 1 year ago.
Hi
yes she can sell the jewellery you have given her if she wishes to do so
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)