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Category: Law
Satisfied Customers: 21
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I have returned to the UK after separating from my Spanish

Customer Question

I have returned to the UK after separating from my Spanish husband. I am English and am currently in the process of changing my childrens passports to English. Is it safe for the children to return to Spain with my husbands family for one week without me being there. What rights does he have? Could this present a legal battle in terms of custody for the children ?
Please advise,
Very worrying times
Thank you,
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first
How long have you been back in the UK, did their father agree to the move and do you have any reason to fear that they will not be returned after contact?
Customer: replied 4 years ago.

Hi Claire,


Thank you for responding to my enquiry.


I left as a result of a detrimental environment to the children and my self after 18 years of living on the island due to his drinking problem. Not for the want of trying I might add.


Although he agreed for me to leave with the children back to the UK, and knew the circumstances were not good, it tied in with my mother arriving back from Australia to undergo a hip operation so the transition flowed so to speak.


He was doing the head in sand syndrome and still is.


I understand that I have to have some form of written consent in order to make my plea for a residency order valid. So effectively I have sent via a friend living in Ibiza, a written consent form for the children to attend their new schools starting September.


We are now formally living in the UK in rented accommodation, with the children placed in their new schools of which he is aware of.


However, as both of them are due to start new schools, (my children being 4 and 10), and starting reception and comprehensive schools respectively, this allows me some form of leeway for him to sign a pre written form of which I have drawn up, with copies of their admission sheets from the school for him to sign, thus enabling me to form some kind of petiton for full custody by means of him consenting them to start their new schools.


I also understand this is a very important part of the courts consenting full rights to me ???


Is this right? Am I doing the right thing here? Where do I go from here. Is this the right path??


I also sent a mail regarding my business ties there seperately. Not sure if this is something you can help with too? I have a lot going here and its so unnerving Claire.


Hope you can help?


Kind regards,



Customer: replied 4 years ago.

I have been in the UK as of the 3rd March 2013.


As of being returned safely, I'm not sure. Whilst its important they see their father and his family, I do not want to leave any stone unturned when it comes to the children.


They are extremely happy here in the UK, and whilst they sometimes miss the island itself they very rarely ask for their father. That in itself speaks volumes.


Hope that helps?



Expert:  Clare replied 4 years ago.
Do you mean that in fact your ex did not agree to the children moving to the Uk permanently?
Customer: replied 4 years ago.
When all said and done. Not as such. Did you get my meaning re consent by way if agreement of starting schools with his signatory?

I am hoping once obtained written consent of that, it will make a difference to my position?

Expert:  Clare replied 4 years ago.
has he said he will now agree to them remaining here?
Customer: replied 4 years ago.

Yes, he knows they are starting school in September and he is fine with that. Well now he is now, but worry that could change when I ask him for a divorce which is why I am really concerned.

Could he keep the children there in Spain if I-m not there.


Expert:  Clare replied 4 years ago.
There are two issues here
To start with get his agreement to the children remaining in the UK as otherwise you could face a Court Order for the return of the children to Spain
If the children do go to Spain and are not returned then you would have to make an application in Spain for Residence and permission to bring the children to the UK permanently.
One other option would be to get your ex to agree to a Residence and Contact Order being made here in the UK before he takes them - that way you can enforce their return if need be
You can get more information from
I hope that this is of assistance - please ask if you need further information
Expert:  Nicola-mod replied 4 years ago.

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Thank you,