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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1436
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My family and I are from the US. My husband is here .

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My family and I are from the US. My husband is here for work. We decided to get a divorce and I'd like to go back to the states with my children but he wouldn't let me. Can I still take my children without his consent? Does England have the right to stop me? This is not our home.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask - how long have you all been living in the UK as a family? Kind Regards Caroline
Customer: replied 2 years ago.
My husband have been here since June last year and my children and I since August last year.
Hello Thank you for your response. How long was the move to the UK for your husbands work suppose to last? was there an end date? how old are your children? Kind Regards Caroline
Customer: replied 2 years ago.
Until 2018. My children are 6 and 4
Customer: replied 2 years ago.
Are you still there?
Customer: replied 2 years ago.
Hello Thank you for your response. It is possible for your husband to make an application to the UK courts for a Prohibited Steps Order to prevent your removing the children from the UK. If your husband was to make an application to the court for such an order then the court would have to decide whether or not it had the ability to make an order. This is known as Jurisdiction. The court would have to make a determination as to whether the children were habitually resident in the UK. Habitual residence is a question of fact and the court would investigate and then make a determination as to whether your children are habitually resident here. This area of law is quite complex and there is no set legal rule which the court follows. The fact that there has always been an end date to the time spent living here will be of benefit to you....
..... Even if the court did decide that your children were habitually resident in the UK then you could still ask the court for Permission to Permanently remove your children from the Jurisdiction. ...
Customer: replied 2 years ago.
Can I take my children before he files it in the court? If there's no existing case, he should not be able to stop me. Can he call the cops and get me arrested for kidnapping?
Given that you are likely to have all of your family in the US and your know the area, schools etc then you will have lots of positives to convince the court that a move is in your childrens best interests. The court will also look at how the fathers contact will be affected int he children were to move permanently so you shuold consider ways you can prmote this including holiday trips, skype, telephone calls ect
Customer: replied 2 years ago.
If there's nothing filed yet?
Customer: replied 2 years ago.
at this point can he get me
Arrested if there's no existing court filings?
Hello That is a risk. If a court later considers that there is jurisdiction - then it is possible that you could be charged with kidnapping. If the father in the UK has parental responsibility then his permission is required. Please be aware that your husband could get an urgent prohibited steps order within a few hours and these will often be granted without you knowing if your husband has evidence that you are planning to go. Your husband could also ask the police to initiate Port Alert to stop you and the children travelling. I recommend that you try and mediate with your husband as to why it is that it is better for the children to go back to the US with you.
Customer: replied 2 years ago.
Is there a law in England that gives him the right as a father to get me arrested?
Customer: replied 2 years ago.
He wants full custody of our children. He wants to keep them with him at all time.
Yes - Child Abduction is punishable for up to 7 years. As per my previous posts - I reccomend that you try and mediate. Otherwise if that doesnt help you reach agreement then - make an application to court. Firstly argue that the court doesnt have jurisdction and if the court decides it does - then as for the court to grant you permission to permanently remove them. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Customer: replied 2 years ago.
I would never leave my children under any circumstance.
Better let the court decide then you dont risk child abduction.There are lots of mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.If that doesnt help reach agreement - Apply to Local Family Court using Form C100. Cour fee is £215. Kind RegardsCaroline positive feedback is gratefully received
Customer: replied 2 years ago.
Can he be granted without my permission permission? How
Is he going to prove my intent?
Customer: replied 2 years ago.
How can I stay here. I'm a stay home mom and I don't have access to all his money.
Hello The court will err on the side of caution in the first instance and make an order just on the merit that you have plans to leave. The court will list the case for a further hearing when you get a right to attend and make your arguments - as detailed above in previous posts.The fact that you are the main carer for the children will go in your favour - when asking the court for permission to lleave with the children.Kind RegardsCaroline
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