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ExperiencedLawyer
ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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hello,I had a restraining order in place against the father

Resolved Question:

hello, I had a restraining order in place against the father of my son. He was not allowed to see my son bar supervised visits due to domestic violence. He was ordered to attend anger management/domestic violence classes for a year but failed to do so. He had no interest in seeing our son and rarely could i get him to agree to see him (about once every three months) We lived in the USA at the time. I was born in england and my whole family is here. I made the decision to leave the USA and come to the UK. I brought my son with me. I haev been here just shy of a year now. Somebody has contacted My sons grandparents(on his fathers side) in the states and has claimed that I have abused my child and that I am an unfit parent.(This is not true and is just a vicious attack intended to hurt me) What are my legal rights here in the UK? My son is entiteled to UK Citizenship through decent. Are they able to extradite me and separate me from my son should the family decide to report me for taking my son out of the country?

We have been in theUK for 10 months now

Submitted: 3 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 3 years ago.
Hello,
My name is Mac. I can help you with your question.
When you left the USA, did the father know? And if he did know you were moving to the UK, did he consent to you going?
Since you've been in the UK, has the father known that you are not coming back? If so, when he did learn that?
And finally, exactly what date did you and your son arrive here in your permanent move?
Regards,
Mac.
Customer: replied 3 years ago.

No he didn't know as he wasn't around to see my son. He had next to nothing to do with him so I didn't feel the need to tell him we were moving.

Yes the father does know that we are in the UK permanently now. He has known for about 6 months.

We got here September 10th 2013

Expert:  ExperiencedLawyer replied 3 years ago.
Hello,
A Court cannot extradite you. However, there is an international agreement (called the Hague Convention) that governs situations where one parent takes a child out of the original country without the agreement of the other parent. If certain conditions are satisfied, then the new country's Court will return the child to the original country for that Court to decide what should happen. ie if you did have to return, it would not be automatic that your son would be separated from you, indeed it would seem unlikely that would happen even if you did return.
However, it may not even come to that at all. There are two hurdles that the father is going to have to clear to have any chance at all.
First, he must have had 'rights of custody' in relation to your son. It sounds from what you have told me that he probably did not have rights of custody, but the actual test is according to the law of the US state that you came from. I expect that you would say that he did not have rights of custody.
Secondly, he must make his application (which is made to the USA central authority) within one year of your son's arrival in the UK. ie by mid-September. Obviously you should not point this out to anyone.
Overall, I would say that it seems unlikely to me in the circumstances that you describe that a Court would force your son to return to the USA for an American court to then decide what was best for him (which is likely to be staying with you anyway). I realise it is a stressful situation, but in my view the end result is likely to be you and your son still living in the UK.
I hope that is helpful.
Kind regards,
Magnus
Customer: replied 3 years ago.

Thank you for that. Hopefully all goes well

Expert:  ExperiencedLawyer replied 3 years ago.
I wish you the best of luck. If you have any further clarification you seek, please ask; if not, I'd be grateful if you could rate my answer.
Regards,
Mac.
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