Divorce and moving back - help
 

I just wrote a huge post and deleted because it's just too much info!!

I'm consulting a lawyer - but can anyone tell me anything about divorce and taking kids back to the UK? Everyone involved is a UK / US dual citizen. Marriage took place in the UK; kids were born in the U.S.

I know this is very general, and everyone's circumstances are different.... But this isn't a healthy situation for anyone, and my gut instinct is to leave, but I want to be sure I'm absolutely clear of all the legal ramifications.

Please - no judgement on parental rights, this isn't something I'm considering lightly, my kids wellbeing is of absolute priority. Thank you.

From a Mum in need ~ thank you in advance.

Re: Divorce and moving back - help
 

Welcome to BE.

I take it you live in the US and wish to move back to the UK with your children. If so...you will need written permission from the father to remove the children from the US.

Re: Divorce and moving back - help
 

You will need EITHER:

(i) Permission from the childrens father to remove them from the US to the UK,

OR

(ii) A court order allowing them to be removed from the US to the UK.

If you can't get (i) then getting (ii) may be a very significant problem. In fact, barring criminal activity by the father, almost any farther that has not within entirely from his children's life, can successfully object to his children being removed from the country.

Where the children were born and whichever passports they hold are pretty much irrelevant to the decision, it is where there "usual home" is that is the key factor.

Re: Divorce and moving back - help
 

I've just moved back home to the UK after 8 years in Calgary for exactly the same reason. Everyone is saying I'm crazy - we've been back for just 4 days. My husband agreed that I could bring them back and we got a lawyers letter signed by us both stating that. He is following in a few weeks when he's sorted his stuff out in Canada but things are pretty awful there with the work/housing sale situation due to the oil crash. Anyway just wanted to say that while its disorientating for the kids in the short term, I needed family support and so do they. While I have lost my amazing house/truck/alimony - I'm still convinced it was right for them.

Re: Divorce and moving back - help
 

The OP should apply for British passport for her children if she has not done so already.

The process takes a number of weeks and it would be better to have the British passports ready before planning to return to the UK. Please see link below -

https://www.gov.uk/overseas-passports

Another thing for the OP - is she a US citizen just now? If not, she should consider taking up US citizenship before leaving the US - will make life easier if children returned to the US after a period in the UK.

You may also want to start looking for schools in the areas you wish to settle in the UK.

Re: Divorce and moving back - help
 

As has been mentioned the vital documents are valid British passports for the children and either written permission from the father to remove the children from the United States to the United Kingdom or a court order to the same effect. Without the latter you could find yourself on the wrong end of an Interpol notice for international child abduction. Without the father's permission/a court order then your options are either to remain in the US with your children or return to the UK without them.

Re: Divorce and moving back - help
 

You don't need written permission.
Verbal permission is quite sufficient provided the father really does not disapprove. Some fathers "could care less" to use the American argot.

Re: Divorce and moving back - help
 

:eek:

That's the first time I have heard that.

What if down the road the father decides he did not give his permission?

Re: Divorce and moving back - help
 

According to her post she is.

You're unlikely to even get the kids on the plane without written approval, let alone a permanent move.

Re: Divorce and moving back - help
 

Why on earth do you say that? I've travelled plenty of times with my children without their father and never needed written permission.

Once divorce papers are filed, different story of course.

To the OP - your "gut" instinct may not be the one to follow at this point. Get a good lawyer and listen very carefully to what they say. It's probably not advisable to get a divorce started on an angry note. If you think your OH will object to you taking the children and you do anyway, you will need to weigh up the possible financial implications even if he doesn't decide to pursue the repatriation of the children through the Hague Convention.

Re: Divorce and moving back - help
 

A verbal agreement is meaningless. Unless the legally binding written permission is given by the father or a court then the OP could be in very hot water.

https://travel.state.gov/content/childabduction/en.html

Re: Divorce and moving back - help
 

You could be arrested for kidnapping if you do not get permission from the father and to do it by legal document. I am going home to England after my husband asked for a divorce and he's allowing me to take my girls home. I suggest you consult a lawyer. Usually the first 30 minutes is free.

Good luck in your decision. It's hard I know I'm going through it right now.

Re: Divorce and moving back - help
 

Some airlines nowadays won't allow a parent to fly alone with kids out of the country unless they can provide written evidence from the other parent giving their permission.

Some info from the good folks at US Customs & Border Protection: https://help.cbp.gov/app/answers/det...ot-a-parent-or

Re: Divorce and moving back - help
 

As in the father has died? Death certificate I suppose.

Re: Divorce and moving back - help
 

Or, as in father has no parental rights, father was a sperm donor, father was a one night stand and never seen again, father was a rapist, etc.