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step children moving from uk to spain

step children moving from uk to spain

Old Apr 25th 2004, 5:39 pm
  #1  
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Red face step children moving from uk to spain

We have just recieved a call to tell us that my partners ex girlfriend will be moving their 3 children out of the uk and to spain in 6months time, as at the moment mum and her husband are having a bar built in spain, their uk house is now sold and until thier bar is finnished they will be living in rented housing. Is there anything that we can do to stop her from taking them with her, against our wishes?


Thanks
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Old Apr 25th 2004, 10:25 pm
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Default Re: step children moving from uk to spain

Originally posted by spanishflower
We have just recieved a call to tell us that my partners ex girlfriend will be moving their 3 children out of the uk and to spain in 6months time, as at the moment mum and her husband are having a bar built in spain, their uk house is now sold and until thier bar is finnished they will be living in rented housing. Is there anything that we can do to stop her from taking them with her, against our wishes?


Thanks
Yes - absolutely - you can take steps to prevent their abduction.

As long as your partner is named on the children's birth certificates then his ex-girfriend can't take them overseas without his permission. Even if she did, Spain and the UK are signatories to the Hague Convention so a Spanish court would have to rule that they are returned to their habitual country of residence (the UK).

I don't know if you are in England, Wales or Scotland, but please read the advice on the following website and follow the instructions *exactly* to prevent a possible abduction. Note that there are different steps to take in Scotland compared to England & Wales. There is also an advice line on this very informative website:

http://www.reunite.org.uk

Please let us know how you get on.......and Good Luck!
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Old Apr 25th 2004, 10:26 pm
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Oops, typo.

The website is:

http://www.reunite.org
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Old Apr 25th 2004, 10:53 pm
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Default Re: step children moving from uk to spain

Legal action should be taken immediately.


It may be necessary to apply to the court for urgent orders and there are a number of remedies available. Generally, when a child is removed from within England and Wales, the case is dealt with under the Children Act of 1989, whereas if the child is already abroad, or has been removed abroad, it is dealt with under the Child Abduction and Custody Act of 1985. Under the Children Act of 1989, the court can determine which parent a child shall live with, and order the return of the child and can make an order preventing a child from leaving the country. The court also has power to require the disclosure of a child's whereabouts from an absconding parent and to order other parties to disclose relevant information to the court when tracing children.

Where a parent fears that a child may be removed from England or Wales, Port Alert procedures can be put in place. The purpose is to alert immigration officers at all ports and airports of threats of a child being taken out of the country unlawfully. Speed is of the essence and parents will help their case by being able to provide the following details in relation to both the child and their potential abductor: Description, Photograph, Nationality, Passport number(s).



Once a child is abroad, the Child Abduction and Custody Act applies. Depending on the nature of the case, there are two possible conventions recognised by the Act. Many European countries are signatories to the EUROPEAN CONVENTION. Under this if a child is removed to a signatory European country against a pre-existing order that they must live in the UK, then that country will agree to return them.

The HAGUE CONVENTION has much wider application Under this, foreign court does not determine the custody case but merely the jurisdiction in which the case should be heard. Thus, the child who usually resides (HABITUAL RESIDENCE) in the UK, under the convention, be returned to the UK to have their custody case heard.

Both the conventions are operated between "Central Authorities" - administrative agencies in each country which have the duty to locate the child and secure its return. In England and Wales, the Central Authority is THE LORD CHANCELLOR'S DEPARTMENT, which can be contacted through solicitors or by the parent directly.

Best thing is to pop into your solicitor ASAP and get the ball rolling.

Good Luck
Mercedes.




Originally posted by spanishflower
We have just recieved a call to tell us that my partners ex girlfriend will be moving their 3 children out of the uk and to spain in 6months time, as at the moment mum and her husband are having a bar built in spain, their uk house is now sold and until thier bar is finnished they will be living in rented housing. Is there anything that we can do to stop her from taking them with her, against our wishes?


Thanks
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Old Apr 26th 2004, 12:11 pm
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Default Re: step children moving from uk to spain

Originally posted by Mercedes
Legal action should be taken immediately.


It may be necessary to apply to the court for urgent orders and there are a number of remedies available. Generally, when a child is removed from within England and Wales, the case is dealt with under the Children Act of 1989, whereas if the child is already abroad, or has been removed abroad, it is dealt with under the Child Abduction and Custody Act of 1985. Under the Children Act of 1989, the court can determine which parent a child shall live with, and order the return of the child and can make an order preventing a child from leaving the country. The court also has power to require the disclosure of a child's whereabouts from an absconding parent and to order other parties to disclose relevant information to the court when tracing children.

Where a parent fears that a child may be removed from England or Wales, Port Alert procedures can be put in place. The purpose is to alert immigration officers at all ports and airports of threats of a child being taken out of the country unlawfully. Speed is of the essence and parents will help their case by being able to provide the following details in relation to both the child and their potential abductor: Description, Photograph, Nationality, Passport number(s).



Once a child is abroad, the Child Abduction and Custody Act applies. Depending on the nature of the case, there are two possible conventions recognised by the Act. Many European countries are signatories to the EUROPEAN CONVENTION. Under this if a child is removed to a signatory European country against a pre-existing order that they must live in the UK, then that country will agree to return them.

The HAGUE CONVENTION has much wider application Under this, foreign court does not determine the custody case but merely the jurisdiction in which the case should be heard. Thus, the child who usually resides (HABITUAL RESIDENCE) in the UK, under the convention, be returned to the UK to have their custody case heard.

Both the conventions are operated between "Central Authorities" - administrative agencies in each country which have the duty to locate the child and secure its return. In England and Wales, the Central Authority is THE LORD CHANCELLOR'S DEPARTMENT, which can be contacted through solicitors or by the parent directly.

Best thing is to pop into your solicitor ASAP and get the ball rolling.

Good Luck
Mercedes.

Thank you very much for your positive advise.

It is a very emotional time, for both myself and my boyfreind, We have sought advise from courts and reunite and we and now trying to find a good solicitor at the moment but we will let you know of our progress.

Thanks
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