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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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I have stopped my children's father from seeing them as he

Customer Question

Hello. I have stopped my children's father from seeing them as he has started drinking again and has been abusive towards me, threatening my life. This was due to me wanting to live abroad. We are divorced.
After he threatened my life I packed up our clothes and drove to the EU to be with my partner who I used to live with in England. I did this as I was scared for my life. I told him he couldnt see them until a court has told me so. I am now in a position where I want to stay here in the EU but I am scared I will be arrested and taken back to England. I'm lost with all the information and I'm frightened. I have no money, job or home to go back to. Where do I stand if I start my child at school here ? she is content with me, my partner and his family. She never speaks of her father as he bullies her drinks and swears around her. What can I do? My ex husband was charged with assaulting me by the police and convicted 2 years ago.
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your quetsion

My name is Clare

I shall do my best to help you but I need some further information first

When did you leave the UK and how old are the chidlren?

Customer: replied 1 month ago.
I left 2 weeks ago. Children are 4 and 7
Expert:  Clare replied 1 month ago.

I am sorry but I have to be blunt - you are currently guilty of the criminal offence of child abduction - unless you simply return with the children and say it was only a holiday.

You can then apply to the court for permission to remove the children permanently from the UK - which is more likely to be granted if you have NOT "abducted" the children

If you do not then your ex can apply to the court in the oc**try in which you now live and ask for an Order that the children are returned to the UK - with or without you.

The application will be granted as there are steps you can take in the Uk to ensure your protection and control the contact.

I am sorry - but there is no way to make this sound sweeter

You can also speak to the charity Reunite - www.reunite.org

Please ask if you need further details