Elvira

And even once the 10 year ban is up, what are the chances of her getting a tourist visa, seeing that she has a record of overstaying and a reason to overstay again (namely her daughter).

I cannot believe that she is still focusing on the passport - that is a non-issue.

The issue is that the daughter is in the US, and the mother is in the UK, and for the two to be reunited will require a major legal effort. And the more time passes, the older the child gets, the less likely is a judge to consider it in the child's best interest that she be returned to the UK.

Let us remember that this will be an American judge, who will see the child first and foremost as a US citizen. To get this sorted, the mother needs competent legal advice, without delay.

I certainly would not rely on the goodwill of the grandmother or whoever has promise to bring the child to the UK.

At the end of the day I feel sorry for this poor child. This whole case is so flucking sad...

Marocco

This has now turned into a FUBAR. I think if CAB is the only legal advice the mother can afford, she might as well give up now. If she has plenty of money and can hire a top notch US custody attorney - maybe she has a chance.

chicagojlo

There's always the hope that a charity will somehow get involved to help - after all international kidnapping cases can be big press. But all of this is irrelevant if the mother doesn't ask anyone for help to start with :curse:.

Elvira

She probably qualifies for Legal Aid. If she finds a family solicitor experienced in international custody cases who takes LA, and who is clued up as to which charities might be helpful, she could still stand a chance.

But nothing will happen unless she gets off her butt and takes charge of her problems.

LAL

It's not really international kidnapping is it though, I mean she left the child with her ex the child's father and his mother, the child was born in US so US is the only country she's even known.
Only thing is if the father is an unfit parent she might stand a chance as she's the only other person with Parental Responsibility but she needs legal advice and the child is British by descent so she doesn't need to consider a passport until she has custody of her daughter. As Elvira said priority is get custody of her daughter then sort eveything else out.

LAL

Elvira

It's not international kidnapping, but it looks like the mother was prevented from having access to her daughter, without any formal custody agreement being in place. So, on the face of it, it looks like her rights were violated.

However, the whole story sounds very confused - it'll take a lawyer to unravel it all and come up with a strategy.

And the mother most certainly did not help herself by leaving the US.

chicagojlo

They took the child away supposedly without her consent. Since the child has both UK and US citizenship it could delve into that territory. Of course the fact that she didn't do anything about getting her child back while she had the chance would also play a part in what it's considered as...
And then if they miraculously did bring the baby over to visit (wouldn't be holding my breath on that one) and she did refuse to let them have the baby back then you'd be going into more of a situation.

Ayrria

She told me she never got around to reading it last time lots of stress etc. Acording to her, her boyfriend will get her a birthcertificate. Does she need to apply for a uk birth cetificate too? How would she go about doing that?

Basically the reason why she left her behind was because she had no choice, she was facing being homeless. She told me she wanted to get on her feet and sort things out so she could have her baby. But the thing is that the grandmother is causing her problems aprently the father is mostly on her side.

The grandmothers friend said she was going to pay for them to come over and visit for the baby's first birthday which is in 3 months time. If they 'DO' bring her over, they can't leave with out the mothers consent am I right?

chicagojlo

I don't think I even know what to say.

chicagojlo

Your friend needs to get her story straight, and if you want to help her you should tell her so. She can't get anyone to help her if she's not even sure what her own problem is.
Poor child is all I can say.

Elvira

OH FOR GOODNESS SAKE - DON'T YOU 2 GET IT - SHE NEEDS COMPETENT LEGAL ADVICE !!!

Sorry for shouting, but nothing we've said appears to have sunk in...

This is just sooooooooooo flucking frustrating. I feel sorry for the poor child.

Noorah101

Have you or your friend found a lawyer yet? This is a perfect question for him.

With what you've said about your friend not reading ANYTHING we posted on that first thread, I am guessing she also won't read this thread, and I am also guessing people here will not want to post much more helpful advice, if it's not going to be read or followed.

It bears repeating that we can't really help you here. This is WAY beyond the scope of an internet forum, and you NEED to find an attorney.

Rene

Noorah101

I bolded the word IF.

Stop trying to find out "what-ifs", and start doing some real work on getting a lawyer involved.

Rene

Elvira

And since the daughter is a USC travelling on a US passport, what basis would the mother have for stopping her from leaving the UK...

Unless she got a court order from a UK judge.

But seeing that she does not appear to see the need for legal representation and advice, how is she going to get that court order.

Always assuming that the child is actually brought to the UK. Which my cynical self considers highly unlikely.

<<<sigh>>>

ian-mstm

This pretty much sums up her entire agenda. She says she wants to get her daughter back... but her actions demonstrate that she doesn't. She doesn't want to solve the issue... she only wants it to look like she's trying to solve the issue.

This is my last post on this thread... I suggest that you all stop trying to help someone who clearly doesn't want to be helped.

Ian