Pauljarv

Thanks for all the above, I'm meeting lawyers today and Thursday to see what next steps are. I'm worried about their trip back, especially after looking at thelink JAJ supplied which talks about dual nationality and how the US may assume them to be residents despite them living here for an extended period, going to school, etc.

bandrui

I'm sure the lawyers will have some good advice for you.

penguinsix

I would not 'hide' the passports physically but would seek to do it legally.

Physically 'hiding the passports' would indicate an intention to restrain the legal movements of your wife or children. If I was her attorney and we entered a child custody agreement, my argument would start:

"This is a man who cannot be trusted. He is holding his children here in the UK under duress and not allowing them to have their passports. He has not applied for a legal order to maintain his family but instead taking the law into his own hands and holding my client and her family here against their wishes."

Or something like that.

And on top of that, it's not going to work. If she finds out you took the passports, she'll march to the US embassy, get an emergency passport and flee the country.

You really need some legal advice, and perhaps some form of a protective order restraining the kids here (under the color of the law, not a misplaced passport).

As for some of the other issues, "habitual residence" is kind of a tough one to get a clear answer on until you get to court. Enrolling in school doesn't carry as much weight as say ownership of a house, but it's a moving scale with points for some things and not for others. A good breakdown of some court cases on this can be found here:

http://www.incadat.com/index.cfm?act...301&lng=1&sl=2

(caveat: don't self-diagnose, i.e. don't think any one of those cases you read will be spot-on, 100% accurate for your situation, even if it seems remarkably similar. Those are just to give you a general idea of a vague term)

I would be highly suspect of a trip such as this, and I think you might consider getting a legal agreement from her that states she will consent to return from this trip (I doubt her lawyers or she will sign any consent to return & handle child custody in the UK). Barring that you might want to seek a court order to prevent a trip until such time as custody can be decided (in whatever court that might end up).

Pauljarv

She's hidden the passports already, not me.

ITsWhatIDo

If she does leave you can use the Hague Convention to bring her back, but that doesn't mean she has to stay, it just means she has to return until custody is decided.

From what i've been told, 1-2 years isn't really settled even if you have sold everything in the US.

As previous poster's said, gather evidence, voice recordings, emails, and start building your case.