Rete

Why does she hold citizenship in the UK for only one year? Is there a reason why your paternity cannot give her lifetime citizenship in the UK?

LondonTown

under hague convention laws, I have the right to return my daughter to england, she will hold her UK citizen ship for life, but If she has been out of the UK for less than a year, I can have her returned through the Hague convention. Its just finding the right attourny who specialises in this field and who does it pro bono.

Marocco

Have a look here

http://www.illinoisattorneygeneral.g...t/probono.html

Rete

And I still think the Hague convention will hold little assistance in your taking your daughter away from her mother. Far easier for you to claim and have her found to be an unfit mother and you a fitter parent.

Why are you willing to play ping pong with your daughter's life and well being?

Noorah101

How old is your daughter?

Rete

Don't know if this an avenue you can pursue but no harm in looking into it. Check the VAWA under the USCIS website - www.uscis.gov - as you might qualify to file for status change under the abusive provisions of the VAWA.

jeffreyhy

LT,

Your wife does not have the same right to keep her daughter in the USA, thus creating an impass to that approach?

Regards, JEff

Rete

LondonTown

she's 14 months

Noorah101

There was a solution to your status, you just didn't understand what it was. Too late now, as your marriage is broken down and is heading for divorce.

If you can document all this abuse, that will probably help your case, and as Rete pointed out, might even be a way for you to remain in the USA with your daughter. Although if you're outside the USA right now...perhaps not.

You say you don't want to get stuck "here"....are you currently in the USA? Either way, you don't have to both be in the same country to file for divorce. That can be accomplished even if you are in the UK and she is in the USA.

Rene

LondonTown

I dont want to play ping pong with my daughters life, I just cant sit by and let my wife dictate how and when and where I see my daughter. I have the right as a father as much as she does and she is kind of playing god with my daughters life.

meauxna

It seems to come down to 'habitually resident' which is not strictly defined.
You can bet the mother's answer will be that the child is habitually resident in the US in whatever State they are in.
It's just ugly.

LondonTown

I am in the process of having a habitual residence issued by the royal courts in london, hopefully that would assist as i have been told by an attorney here in the US.

Rete

We've seen the ugliness of cases like this many times over the last 11 odd years. My best advice is not to pin your hopes on the Hague convention or your attorney getting habitual residency for your daughter in the UK. Because it is there, does not mean the courts in the US have to honor it. Your best hope is an amicable divorce and with that a joint custodial arrangement with your wife. BTW the divorce and the custody can be done separately and does not have to be done as one petition. If you have a place to call home, a job which will give you and her financial security, then you have a good chance of getting her for part of the year at the very least.

Good luck.

meauxna

I have a feeling this isn't going anywhere until you two get a custody agreement. You are in limbo land right now; with your daughter's age, either party could claim 'habitual residence'.

Have you identified what your goal is here? Where you want to live? How you want to parent? What is practical and best for the baby?