British Expats

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-   -   Divorce and moving back (https://britishexpats.com/forum/moving-back-uk-61/divorce-moving-back-804164/)

GoanPlaces Jul 26th 2013 11:11 am

Divorce and moving back
 
Moving back to the UK with kids and getting divorced. Three, nearly four years in India now. **** the hague convention (I don't think India is a signatory in any case) I'm taking the kids back with me.

Gillymonkey Jul 26th 2013 11:19 am

Re: Divorce and moving back
 
Please, please, please be careful! India may not be a signatory but the UK is. I wouldn't do anything that could jeapordise your long term custody arrangements for your children..

Michael Jul 27th 2013 3:52 pm

Re: Divorce and moving back
 

Originally Posted by GoanPlaces (Post 10821093)
Moving back to the UK with kids and getting divorced. Three, nearly four years in India now. **** the hague convention (I don't think India is a signatory in any case) I'm taking the kids back with me.

The UK may not let you in. On the US forum, someone sent their 12 year old back to the UK alone to visit grandparents with a signed document from both parents. When the child arrived, he was taken to secondary for about 2 hours with them making phone calls before releasing the child to the grandparents. Apparently the document was not notarized and if the UK lets the child in, then jurisdiction becomes messy. Although you will be entering with your children and they may let you and the children in, the UK is a signatory to the Hague convention and he could possibly have you charged under British law for kidnapping.

Although the kidnapping charge may not hold up in court, courts don't look kindly when someone removes children from a jurisdiction without the other parents consent and you could possibly lose custody.

Editha Jul 28th 2013 7:10 am

Re: Divorce and moving back
 

Originally Posted by GoanPlaces (Post 10821093)
Moving back to the UK with kids and getting divorced. Three, nearly four years in India now. **** the hague convention (I don't think India is a signatory in any case) I'm taking the kids back with me.

https://www.gov.uk/government/upload...tion_India.pdf


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