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Clare, Solicitor
Category: Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son was born in the UK, he lived with me here for 14

Customer Question

My son was born in the UK, he lived with me here for 14 months. We moved to the US in December 2015. My husband hurt myself and my son. I reported this to the police in America but there was no arrest. He gave me permission to leave the country for 6 months. Now he is saying he wants me to come back with my son or he will say I kidnapped him. I also want a divorce over here so I don't have to go back. I want full custody of my child. I have evidence of him be abusive via texts, a recording of him and I talking about him hurting me and a video footage of me trying to run to the door and him pushing me and not letting me leave. Please help
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

When did you leave the States?

Customer: replied 1 year ago.
September 12th. My orginal plane ticket was booked for the 29th of this month, with a return date of the 23rd of October. The police gave me a hotel for 2 nights, I then left the next night. I only changed the flight to the UK, so I have a return flight. He has said he has given this information as evidence to the police. I do have a message from him saying he wanted to take my son to the airport, as he wouldn't see him for 6 months. He is saying this is a typo, yet I feel it proves my point.
Expert:  Clare replied 1 year ago.

Given all that evidence the good news is that it is clear that you have not kidnapped your son as this was planned trip to the UK

The bad news is that whether or not you issue divorce proceedings here the question of where your son will live has to be decided in the States as that is where he has been living for the last six months.

An agreed stay here does not change that

So whilst you are certainly safe until 23rd October and indeed may be able to stay six months safely

I am sorry but you will need to apply to the Court in the State you lived in for permission to permanently relocate to the UK. If you fail to do so then the UK courts can and will enforce your return

I wish the news were better - pleas ask if you need further details

Customer: replied 1 year ago.
Why do I need to have permission to live in the UK when both my son and myself were born here and have lived here most of our lives?I have been seeking legal advice from different sources, I was told as long as my husband doesn't file a divorce over there or press charges for kidnapping then I can legally stay here. Is this information not correct?
Customer: replied 1 year ago.
I also want to add that I have messages of him saying we can stay in the UK forever and messages of him then saying he will file for kidnapping. He changes his mind constantly.
Expert:  Clare replied 1 year ago.

You do not need permission to live in the UK.

Neither you nor your son needs visas to live her.

What you need is the permission of your ex or a court order allowing you to remove the child permanently from the States where he is currently ordinarily resident

This is because both the Uk and the USA are signatories of the hague Convention on Abducted Children.

An agreement that you and the child can stay here for six months is not the same as an agreement that you can stay here permanently.

Of course if six months pass and he does nothing then all will be well - but you will have to live with the risk that he will do so - and be successful - for at least a further 12 months before being certain that you are safe

Who issues the divorce and where is not relevant.

You may find this charity useful

Customer: replied 1 year ago.
The lawyer I spoke to in the US said I would have to return there for a divorce, does the UK law protect me from this?Right now I don't have the funds to pay for a solicitor or a divorce. Are there any free services which could help me with this?Also if I filed over there asking to leave permently, would I not have to go to court over there?I don't have a house out there or a job anymore. So how can the expect me to go back, when I'm not eligible for housing and my husband says he will not sponsor me when my green card expires (Dec 2017). So I'm not sure what would happen if I was not longer eligible to live there.
Expert:  Clare replied 1 year ago.

Once you have been back here six months you can issue divorce proceedings based on your ex's Unreasonable Behaviour

I am sorry but yes you will have to appear in court in the US and the issue of how you would live there is a matter which would not doubt be taken into account in the Court Proceedings there

Customer: replied 1 year ago.
if I issue a divorce here, I still have to go out there?We married April 2014 and I didn't move out there until December 2015. So I spent most of my marriage in the UK.
Expert:  Clare replied 1 year ago.

There are two different issue here

The divorce and the question of which country your son should live in

If your ex does not actually take steps to challenge the move then after say 9 months of being here all should be well