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WANT TO GO HOME ASAP TO UK. PLEASE HELP

WANT TO GO HOME ASAP TO UK. PLEASE HELP

Old Oct 26th 2010, 6:30 pm
  #1  
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Default WANT TO GO HOME ASAP TO UK. PLEASE HELP

Hi!! I'm new and looking for clear & concise info on what are the best steps from a FAMILY LAW point of view in moving back home with my children. I have sole custody of my older one but joint conservatorship of the baby who was born in TX. We were never married. I'm a British Citizen on a greencard.

And we were just in the UK in 08 and dunno WHY we didn't stay?? I'm on the waiting list with Houston Volunteer Lawyer Programme; Lonestar Legal Aid said they're under staffed. I have yet to call University of Houston Law Clinic. No big funds for fancy lawyer.

I also need to know how to get my child a British passport. Everytime I download the forms I get overwhelmed and panic that Im not doing it right. Plus the price went up.

We have all our family back in the UK and I only chose to stay because I thought my ex, the father, was going to be decent to us. he's turned out to be horrid and life is awful. I was hoping to be able to cover the following questions, all with regard to child custody & visitation: (and anything else you can think of, from info to referrals and more). thanks in advance for your help! I finally feel a bit hopeful =)

1) What are the legal avenues one should go down wishing to return to the UK with a 3 yr-old?

2) Is moving my right, just as it would be the father of my child's right? (he's American)

3) Does my ex have more rights because he is from here & I am not?

4) UK versus the US… does a British National like me currently residing in the USA on a green-card have any rights? Under American law what are someone’s rights if they’re not from here in terms of moving back to the UK with their children?

5) Does someone from Britain have the same rights as American’s – does the constitution affect them, or any other American legal document?

6) Do they have a right to move anywhere like a US Citizen would, right to that kind of freedom? The right to move back to their home?

7) England has REMO; does that have any effect on moving back or is that a separate situation/filing? (Reciprocal Enforcement of Maintenance Orders: the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.)

8) Are there British laws that supersede American or TX laws for me moving back home?

9) It seems that US citizen’s rights stay in tact but foreigner’s seem to have no rights over here?
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Old Oct 26th 2010, 6:43 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

I'm afraid I can't help regarding the custody qns, I'll leave that to others that know more regarding that.

Have you registered your childs birth with the British Consulate? That's the first step to getting a British passport.

Be aware, that your child is considered American (I was born in the US and moved to the UK at 6 months old) and will be subject to selective service (if male) and US tax reporting (income tax and FBAR - reporting of bank accounts outside of the US that aggregrate more than $10k in any calendar year).

Your child will also be required to travel under a US passport when entering the US

Sorry, I'm sure this is a stressful enough time, but my parents were unaware of the above, and it has come to bite me in later life...
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Old Oct 26th 2010, 6:49 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Hi I don't know the answer to all your questions, but could not read and not respond. You are in a horrible situation - but you need to be careful.

First thing I think you should do is call the British Embassy in Houston - they are really nice and should be able to help you - or at least point you in the right directon. ukinusa.fco.gov.uk is the web site or go there (I think you said you were in Houston.
British Consulate
Wells Fargo Plaza
19th Floor
1000 Louisiana, Suite 1900
Houston, TX 77002

Telephone
(713) 659 6270

You need to get a passport - get form C2 and fill it in and send it off.

You need to know that the UK is a participant of the Hague Convention, so if you take your children, regardless of custody, out of the country the British Gov will not be able to stop them being returned to the US. So when you get an attorney make sure they are familiar with this.

Good luck and sorry I can't help further
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Old Oct 26th 2010, 6:56 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

A lot of your legal questions are covered in this very recent thread about an unmarried green card holder who is expecting in about a month: http://britishexpats.com/forum/showthread.php?t=690094

The important thing to know is that neither parent is allowed to remove the child.. you can't take her away without the father's permission and he can not do that either. (you posted that those are rights you each have, you do not)

Please proceed carefully.. I can feel the urgency in your post, but your actions should be calm and ordered now, for future happiness.
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Old Oct 26th 2010, 7:03 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Originally Posted by BritGirlinTX
9) It seems that US citizen’s rights stay in tact but foreigner’s seem to have no rights over here?
I am not sure what leads you to that conclusion. As a legal immigrant you have almost as many rights as a US citizen. Where it becomes tricky is when one parent wants to move away with a child for whom custody is shared. In this respect, if both parents can't agree to your moving away, then you will likely have to go the legal route and argue your case in family court. And as has already been pointed out, the Hague Convention is likely to apply to your situation, so merely moving back to England with the children is not a great idea.
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Old Oct 26th 2010, 7:05 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

The laws is the US and the UK are very similar in that neither country allows you to remove a child from the country without the written consent of the other parent or a court order allowing you to remove the child. If you do, this can be considered child abduction and both the US and the UK are signatories to the international child abduction law requiring children to be returned to the country of original residency.
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Old Oct 26th 2010, 7:11 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Originally Posted by BritGirlinTX
1) What are the legal avenues one should go down wishing to return to the UK with a 3 yr-old?
You need a court order allowing you to remove the child from the US or at the very least a signed and perhaps notarized letter from the child's biological father stating he is allowing the child to be removed to the UK.

2) Is moving my right, just as it would be the father of my child's right? (he's American)
It is not your right, nor the father's right, to remove the child from the jurisdiction of the other parent without permission. His being American and this being America does not give him more rights than you. What weighs against you is the fact that you and the American are living on American soil.

3) Does my ex have more rights because he is from here & I am not?
See above

4) UK versus the US… does a British National like me currently residing in the USA on a green-card have any rights? Under American law what are someone’s rights if they’re not from here in terms of moving back to the UK with their children?

5) Does someone from Britain have the same rights as American’s – does the constitution affect them, or any other American legal document?

6) Do they have a right to move anywhere like a US Citizen would, right to that kind of freedom? The right to move back to their home?
These are all the same question but said in a slightly different way. You truly need to calm yourself.

Your GC does not give you any parental rights. It has nothing to do with parental rights. Your child is a dual citizen of Britian and the US. Your child's right is what is of importance here, not the parents. Again, you cannot remove a child from the other parent's jurisdiction without legal permission.

7) England has REMO; does that have any effect on moving back or is that a separate situation/filing? (Reciprocal Enforcement of Maintenance Orders: the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.)
No we do not.

8) Are there British laws that supersede American or TX laws for me moving back home?
No there isn't

9) It seems that US citizen’s rights stay in tact but foreigner’s seem to have no rights over here?
For a smart lady, the above statement is just plain stupid.

There are many programs out there, other than the three you mentioned, that will assist woman. Try Catholic Charities, Women's Organizations, and if I am correct in assuming from the urgency and disjointedness of your writing, then you need the services of a woman's institution that will be able to help you get away from a physically abusive significant other. Walk, don't run, to the nearest women's shelter. They will assist you in finding an attorney if that is what you need.

Best wishes
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Old Oct 26th 2010, 7:13 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

How about just moving further away from the child's father and getting some protection from him if he's abusive, for now. Then apply for US Citizenship whenever you're eligible. At least that way you can come and go freely in and out of the USA if need be. I wouldn't go rushing off back to the UK with the child.

Rene
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Old Oct 26th 2010, 7:17 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Thank you all. It's disjointed b/c I'm typing fast @ wk and don't want anyone seeing...

I know I cannot leave as it is kidnapping and that's not even on my mind anyway...

I want to do things the legal route but not sure how to proceed. And I'm very angry at myself for getting us into this mess in the first place.

I'll take all your advice and proceed carefully.

Anymore advice is welcome!
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Old Oct 26th 2010, 7:25 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Originally Posted by BritGirlinTX
I'm a British Citizen on a greencard.
One way you can protect your rights is to to naturalize as a US citizen. You give no information as to whether you are otherwise eligible except insofar as you are a permenant resident--the first step on the ladder.

There is a real possibility that your youngest child may have to remain in the US. If you leave the US, you may relinquish your residency, and then you will have a child who remains in the US but you have no right to live, work or even visit here. Naturalization as a USC will give you that right.
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Old Oct 26th 2010, 8:25 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Originally Posted by BritGirlinTX
Thank you all. It's disjointed b/c I'm typing fast @ wk and don't want anyone seeing...

I know I cannot leave as it is kidnapping and that's not even on my mind anyway...

I want to do things the legal route but not sure how to proceed. And I'm very angry at myself for getting us into this mess in the first place.

I'll take all your advice and proceed carefully.

Anymore advice is welcome!
Try not to do anything in haste. Sounds like you've got your 'ead screwed on right. Good luck.
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Old Oct 26th 2010, 8:32 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

def get US citizenship when you can - last thing you want is you to leave and it be considered you 'abandoned/gave up' the green card - and the courts to decide child cannot be removed from US and you have no easy way of returning to the US to be with the child - Nightmare.
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Old Oct 26th 2010, 8:50 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

I believe it is State Law that applies here and they may restrict movement out of State, never mind Country.
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Old Oct 26th 2010, 9:06 pm
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Default Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Originally Posted by Michael
The laws is the US and the UK
Putting my pedantic head on. There is no UK law on child abduction. There is Scottish law and English/Welsh law and both are similar in some respects and very dis-similar in others.

without the written consent of the other parent
In England/Wales written consent is not required, verbal consent is good enough. A person would be daft not to have it in writing. Scotland is very different when it comes to refusing consent.

Appreciate the children are currently in the US but getting consent to bring them to the UK, might depend on the niceties of the jurisdiction they would be under once here.
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Old Oct 26th 2010, 11:31 pm
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Arrow Re: WANT TO GO HOME ASAP TO UK. PLEASE HELP

Check out the resources available from www.reunite.org (a UK charity helping families with (potential) child abduction issues). It will give you an outline of the Hague Convention plus a list of lawyers who may be willing to provide information on a pro-bono (free) basis. Reunite also has a helpline in the UK.

In terms of getting a passport for your child, just download the form at www.ukinusa.fco.gov.uk/passports. I find it complicated too, so just take it question by question and follow the arrows. There are no trick questions, so don't worry. Ignore the comment above about registering your child first. That is not a requirement for a passport and it will lead to additional expense for you.

Finally, you can contact my colleagues at your nearest British Consulate (but not Honorary Consulate). We do handle a lot of child custody issues and, although we can't provide legal advice, we can offer some practical assistance.

I hope this helps.

Dean
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