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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I came home to find that my wife had taken our two kids

Resolved Question:

I came home to find that my wife had taken our two kids abroad without telling me anything. We have been going through a rough patch but she did all this behind my back and without my consent or knowledge. She left a note stating that they will be back in 4 weeks. I also have parental responsibility as my wife and from what i have read online both parties must consent. Did my wife commit an illegal act?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 old are the chidlren and where has she taken them and why?

Customer: replied 1 year ago.
3.5 years and 15 months. She has been snooping and monitoring my mobile phone for over 4 years and is convinced i have been cheating on her. This never came up before, though just constant arguments about various other things.
Customer: replied 1 year ago.
It seems that she has harboured all this anger on what she concludes happened based on all the information she has gathered from my phone
Expert:  Clare replied 1 year ago.

Where has she taken them?

Customer: replied 1 year ago.
Abroad to a non EU country
Customer: replied 1 year ago.
in Europe
Expert:  Clare replied 1 year ago.

Which one - this is important?

Do you have any reason to think that they will not be brought back?

Customer: replied 1 year ago.
Well, we spoke over Skype and discussed some of the issues and she said she will be back with the kids in 4 weeks
Expert:  Clare replied 1 year ago.

Which country?

Customer: replied 1 year ago.
Serbia
Expert:  Clare replied 1 year ago.

Is she Serbian and what is your nationality?

Customer: replied 1 year ago.
she is, kids are British and so am I.
Expert:  Clare replied 1 year ago.

Ok

the biggest question is - Do you believe she will return in four weeks of is there a good chance she wont.

This will influence what the next steps are

Customer: replied 1 year ago.
She said that she would, though thus far is what she has done legal or illegal based on the information I have supplied?
Expert:  Clare replied 1 year ago.

Your ex was not entitled to take the children abroad without your agreement or an Order from the Court but it will only be classed as Child Abduction if it is clear that she has no intention of returning the children to the UK.

If they do return then you can apply for a Prohibited Steps order to prevent any repetition.

If she breaks that Order then it will be an offence.

If she does not in fact return you can apply to the courts in Serbia for their return to the UK using the Hague Convention to which Serbia is a signatory

Please ask if you need further details

Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your advice. I will await their return in 4 weeks and if this is not the case then I know which steps to take.