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, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My wife and I are separating. She has told me that she is going

Customer Question

My wife and I are separating. She has told me that she is going to return to argentina, (she has dual argentinian and UK nationality), and take our two children (aged 8 and 6) with her. Is it legal for her to do this without my permission? What options are open to me to prevent this?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Clare :

Hi Thank you for your question. My name is Clare and I will do my best to help you but I need some further information first.

Clare :

In fact she cannot remove the children from the Country without either you agreement or an order from the court.

Clare :

If she does wish to move back then she will have to convince the court that it would be in the best interest of the children to make the move and show how she will ensure ongoing contact with you

Clare :

There are more details here

JACUSTOMER-87m5a8xc- :

hi clare - thank you

Clare :

If you think there is a risk that they will simply be taken away

Clare :

you should consider applying for a Prohibited Steps Order through the courts

Clare :

This is done using a Form C100

JACUSTOMER-87m5a8xc- :

if she were to take the children abroad, what would stop her? she went back to argentina this summer for a holiday with the children and i don't think immigration asked for any evidence of my permission?

Clare :

That is why you may wish to consider a Prohibited Steps Order

Clare :

If she does take the children you can apply for their return

Clare :

The Charity Reunite has more details

Clare :

www.reunite.org

JACUSTOMER-87m5a8xc- :

I hope it doesn't come to this, but would the prohibited steps order mean that airport authorities are informed and will prevent her travelling with the children? Or is it more likely to be the case that I would have to pursue her through the Argentinian courts to return the children?

Clare :

If you have a Prohibited Steps Order then an alert can be sent out - the Reunite website will give more details

JACUSTOMER-87m5a8xc- :

thanks clare

Clare :

You are most welcome - I hope all goes well

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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice