Removal of child from jurisdiction UK to US
Aug 24th 2014, 7:21 pm
#31
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Re: Removal of child from jurisdiction UK to US
If the ex partner is listed on the birth certificate, & has obtained a PSO, I think we can assume she has Parental Responsability.
There are some good arguments up thread for the OP's case, including (bizarrely or not) that UK immigration laws prevent (new) family life in the UK. The lack of child support payments is not one of them.
This case needs an experienced lawyer, & a well-rehearsed & documented case by the OP.
Many years ago, I thought I'd have to go through similar (no PSO however). After legal advice, & preparing my case very thoroughly, I took a last ditch before court chance & invited the other (very hostile) parent to discuss it. Much to my surprise, he finally agreed to sign his approval to a joint agreement on removing the children, visitation etc, which we later ratified through the courts.
I wish you the best of luck, get a lawyer!!
S
There are some good arguments up thread for the OP's case, including (bizarrely or not) that UK immigration laws prevent (new) family life in the UK. The lack of child support payments is not one of them.
This case needs an experienced lawyer, & a well-rehearsed & documented case by the OP.
Many years ago, I thought I'd have to go through similar (no PSO however). After legal advice, & preparing my case very thoroughly, I took a last ditch before court chance & invited the other (very hostile) parent to discuss it. Much to my surprise, he finally agreed to sign his approval to a joint agreement on removing the children, visitation etc, which we later ratified through the courts.
I wish you the best of luck, get a lawyer!!
S
Aug 24th 2014, 7:38 pm
#32
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Re: Removal of child from jurisdiction UK to US
Some of this doesn't add up.
You say in your original post that you would provide expenses for your ex to visit accommodation and you would fly back twice a year etc etc, but then go on to say you lack experience and qualifications for a moderate-income job that would allow your new partner to come to the UK.
Not saying it is impossible, or trying to be mean here. But, first priority is your kid. Unless your new partner is loaded, then I am not sure you are moving over to a better situation.
Putting this in context - others who have made it over, have degrees and experience etc. face months to find meaningful employment here. On a completely practical level, how are you going to fund daycare (average $250-$400 a week here), food, bills, etc? These are the kinds of things you need to think about when presenting your case, and also practically speaking, before you set foot on US soil. Otherwise you and your child will struggle. Badly.
You say in your original post that you would provide expenses for your ex to visit accommodation and you would fly back twice a year etc etc, but then go on to say you lack experience and qualifications for a moderate-income job that would allow your new partner to come to the UK.
Not saying it is impossible, or trying to be mean here. But, first priority is your kid. Unless your new partner is loaded, then I am not sure you are moving over to a better situation.
Putting this in context - others who have made it over, have degrees and experience etc. face months to find meaningful employment here. On a completely practical level, how are you going to fund daycare (average $250-$400 a week here), food, bills, etc? These are the kinds of things you need to think about when presenting your case, and also practically speaking, before you set foot on US soil. Otherwise you and your child will struggle. Badly.
Last edited by hoffage123; Aug 24th 2014 at 7:41 pm.
Aug 24th 2014, 7:45 pm
#33
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Re: Removal of child from jurisdiction UK to US
Well like Hoffage said, you'll be a whole lot worse off in the US, and the US is a terrible place to be poor. The "poorest parts of town" are invariably dangerous, social welfare and support systems a virtually nonexistent, and you'll be out of pocket the legal, court, and visa fees. Honestly, you need another plan because fleeing to the US isn't going to solve your problems, and will likely make them worse.
Aug 24th 2014, 10:29 pm
#34
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Re: Removal of child from jurisdiction UK to US
https://www.gov.uk/parental-rights-r...responsibility
Who has parental responsibility?...
...Same-sex parents
Civil partners
Same-sex partners who were civil partners at the time of the treatment will both have parental responsibility.
Non-civil partners
For same-sex partners who aren’t civil partners, the 2nd parent can get parental responsibility by either:
applying for parental responsibility if a parental agreement was made
becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth
Aug 24th 2014, 10:56 pm
#35
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Re: Removal of child from jurisdiction UK to US
Thanks. I know we both have parental responsibility. Thank you for informing the others.
Aug 26th 2014, 3:56 pm
#36
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Re: Removal of child from jurisdiction UK to US
Still, moving from place A to place B is often seen as the cure all... except the person moving is still the same person! So - issues don't actually get solved, they merely get moved from place A to place B.
Ian
Aug 26th 2014, 4:05 pm
#37
Joined: Dec 2001
Location: Dixie, ex UK
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Re: Removal of child from jurisdiction UK to US
But, she's in love... and love conquers all, right? She was proabably also in love with her ex... but perhaps this time it's "true love", and not merely whatever it was with the ex! One might wonder whether or not she'd have had a child were she not in a serious relationship... ....
I can't imagine why she would plan to move 3,000+ miles, to a country with limited social safety net when she has few resources and limited earning potential, so soon after her previous relationship crashed and burned. ..... Ah yes, of course, this time it's true love!
Aug 28th 2014, 1:18 pm
#38
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Re: Removal of child from jurisdiction UK to US
2) I am in no means wanting to stop my ex partner and daughter having a relationship, I can offer for my ex partner to come out and visit, and I'll provide accommodation. Also, Skype, letters, photos, etc. Also, I will be travelling back to the UK regularly, where my ex partner can have contact and also overnight stays until we go back. (Twice a year I'd probably be flying back)
Aug 28th 2014, 1:25 pm
#39
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Re: Removal of child from jurisdiction UK to US
Aug 30th 2014, 6:31 am
#40
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Aug 30th 2014, 6:38 am
#41
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Aug 30th 2014, 6:42 am
#42
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Re: Removal of child from jurisdiction UK to US
Aug 30th 2014, 10:24 pm
#43
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Re: Removal of child from jurisdiction UK to US
(Only people who have watched the film will understand the reference)
