Cornishpixie

Hi, I'm new to this forum and have tried to read what I can before posting this as not to ask too many already answered questions!
Heres my situation:
I have decided to move back to UK after living nearly 9 years in various places in the US. I married a US Naval officer and after 7 years of marriage, one year separation, we divorced last summer. I have a permanent residence visa. I have one 14 year old son who is a UK citizen from a previous relationship who also is a permanent resident and a 6 year old daughter who is a US citizen from my marriage to the US citizen.
I have decided after struggling for 2 years on my own I would like to take myself and children home to England where all of my family are. My main concern is how do I take my daughter back with me? My exhusband and I share 60/40 custody and although he is not 100% opposed to me taking her back he is not making it easy either. He throws things out like me leaving her behind! Are there any other women who have been in similar circumstances?
Should I go for US citizenship for my son and I before we leave for the UK? Should I apply for UK citizenship for my daughter before we move back or once we are in the UK? I assume I would need my exhusband's approval for that.
I have low income here, not sure of where I can obtain cheap or free legal advice, whereas I know my exhusband has all the legal advice and support he could wish for through the US Navy.
I have many more questions and concerns but I think I'll start there!!
Any help greatly appreciated, thanks

SanDiegogirl

You and your son are UK citizens and presumably already have British passports.

Your daughter is British by descent if you are UK born and bred and all you need for her to return to the UK is a British passport. I don't believe you need your ex-husband's permission - you are her mother after all.

Start here:

http://ukinusa.fco.gov.uk/en/help-fo...als/passports/

So there is no problem getting you or your children into the UK. The main problem is the legal aspect with regard your US husband and you will definitely need permission (in a legal document) from him to take your daughter to the UK.

Can't help with the cheap or free legal advise I'm afraid (is there such a thing in the US?)

If you want to return to the US freely without visas etc (presume daughter will want to visit father) then I would strongly advise getting US citizenship for yourself and son. The whole process takes about 3 to 6 months usually.

Good luck.

Editha

I think you need to talk to your ex. I know it can be difficult, but you are going to need his co-operation to bring your daughter with you. Reassuring him that he won't lose contact with his daughter as she is growing up might be important. It is a big decision for him too.

JAJ

You should strongly consider U.S. citizenship, not just for you, but also for your son.

As for your husband, can he be blamed if he doesn't want his daughter moved away to another country, especially at such a young age? And I didn't think the U.S. Navy got involved in private legal matters but I could of course be wrong.

AmerLisa

I would imagine she's talking about her ex-husband having access to low cost legal aid by being military.

Editha

This is a very difficult situation for both parents. No-one wants to feel that their freedom to choose where to live is being denied, but equally no parent wants their child to be living thousands of miles away.

Beccarose

Sorry you're in this situation. Having been through a divorce and custody issues myself I know how challenging it is. I've also had to deal with working on getting my ex-husband's permission for our kids to move with me overseas. So if you ever want to talk I'm here.
That being said, I would highly recommend you obtain citizenship before moving. Being that your daughter is a US citizen it would only make sense for you and your son to be able to come and go as well.
As for getting UK citizenship for your daughter- she has it as a birthright, all you have to do is fill out the necessary forms and apply for her British passport- which should definitely be done before you move.

Just to clear up the US military offering legal aid in private matters, they most certainly do and I see where the OP is coming from when she said what she did about that.

Bob

She does, other wise it is kidnapping and a whole world of pain.

There are threads on this....but basically without permission from the ex, it's either don't go or leave the daughter behind.

Get US citizenship, you don't know what the future holds and it's worth getting so that you can stay in the country of your daughters birth, plus if you get citizenship before your son turns 18, he'll get it too.

SanDiegogirl

I did not mean that she can take the daughter to the UK without the father's permission (as I said earlier she needs legal advise and a legal document giving the father's permission for the daughter to leave), I meant that she could probably apply for the passport without the father's permission.

penguinsix

Try contacting the folks at http://reunite.org. This is an group that helps people in cross-border custody disputes and might have some pointers and contacts you can turn to.

You should also contact the family assistance center at the military base where you are located. The children are dependents of a military servicemen and in some cases ex-spouses are also entitled to legal assistance. Even if they are unable to take on your case, they will have a list of local legal assistance and pro-bono lawyers in your area.

As others have said--do not leave without permission. That is considered abduction and the UK authorities will likely remove your children from you and send them back to the US under the Hague Convention. You should also seriously consider citizenship for yourself and others, giving you and them more flexibility to come and go later in life (and even helping out your grandchildren that will one day come about).

Good luck.

ldollard

You absolutely need your husbands permission, if she took your daughter to the UK even on vacation without his permission and he went to the police you could be convicted of international child abduction under the Hague convention "Hague Convention on the Civil Aspects of International Child Abduction". You would be extradited back to the USA, your daughter would be immediately deported back to the usa to her father and you could loose permanent custody of your daughter forever. Not to mention once your in the USA you'll likely face a lengthy federal court battle and likely imprisonment, charged with international kidnapping and given a federal charge and thus a very lengthy prison term.

So in short yes you need your ex's permission, the only way you wouldn't is if he was dead of you had sole custody of your child which you do not.

Just to make it clear!

Although rather contradictory, you dont seem to need his permission to get a UK passport for her.

from: http://ukinusa.fco.gov.uk/en/help-fo...dren-under-16/

JAJ

In the circumstances, another way to evidence British citizenship would probably be preferable. Either a consular birth certificate or a nationality status certificate from the Home Office.

Bob

To get a US passport, she will need fathers permission.