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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 33534
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My daughter lives in Texas, she has an 11 month old baby.

Resolved Question:

My daughter lives in Texas, she has an 11 month old baby. She came back to the UK to have him, because her husband was in jail, and returned to America when he was 9months old. The marriage has since broke down and she wants to return to the UK in due course.My question is : Can my daughters husband get an injuction stopping her taking her son out of the county. Thank you
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

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

How many weeks has she been back in Texas?

Is her husband still in prison?

Customer: replied 5 months ago.
She has been back in America 2 months. No he isnt still in Jail.
Expert:  Clare replied 5 months ago.

Can you be specific about the weeks - and can she getaway and come back immediately?

Customer: replied 5 months ago.
She went back to the States on the 6th July 2016. Yes, she could get away fairly soon
Expert:  Clare replied 5 months ago.

Within the week?

Customer: replied 5 months ago.
She is making alternative home arrangements and won't be leaving the marital home for two weeks. Her husband has no idea she is planning to move out.
Expert:  Clare replied 5 months ago.

Could she leave earlier and come to you?

Customer: replied 5 months ago.
she could. Would her husband be able to do anything if she does that ?
Expert:  Clare replied 5 months ago.

The position is a delicate one.

Technically she does need the agreement of the father or and Order from the Family Court to take the Child out of the Country.

If she does do so then the father can make an applictaion to the court in the UK to force her return to Texas whilst the family Court decides what is best for the child.

HOWEVER

The Hague Convention - which covers these matters - also says that the matter should be dealt with by the Courts of the country in which the child resides - and that "residence" is decided by where the child has lived for the last six months.

At present there is an argument for saying that the residence of the child in Texas has not yet been fixed and that accordingly your daughter can bring the child here and the UK courts can decide what the long term position should be.

Clearly the longer that the child is in Texas the harder it will be to argue this.

There is an element of risk.

From what you have said it was always planned that the child would reside permanently in Texas - but there is sufficient grey are involved that she could be successful if she came her and made an immediate applictaion for a Child Arrangement Order stating that the child will live with her

Please ask if you need further details

Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 33534
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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