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HELP! Can I return to UK from US with my US Citizen Newborn

HELP! Can I return to UK from US with my US Citizen Newborn

Old Jul 24th 2012, 5:30 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Can u message me I'm going thrum similar thing
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Old Jul 24th 2012, 7:54 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by tiredoftryin85
Can u message me I'm going thrum similar thing
If you want some hand holding, a private message is a good idea. If you're after immigration or passport information, post your issue in the open forum so everyone can help and, if you get wrong information, correct it quickly.

Edit: Nevermind... I see that you posted a thread about your issue. Do NOT ask for immigration/passport advice in private.

Ian

Last edited by ian-mstm; Jul 24th 2012 at 8:08 pm.
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Old Jul 26th 2012, 4:08 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Right here's the thing. You CAN take your child to the UK on a US Passport even if you plan to remain there. I did it with mine. If you phone them beforehand and let them know, they'll help you out.
All I had to do was get my boy's UK Passport and take it to immigration within 6months of being in the UK. We did live there permanently at that point anyways so I'm not sure if it makes a difference.
Secondly, you can actually take your child without the father's consent right now as you are still married. From a legal perspective you haven't committed a crime.
They CAN make you come back though dependant upon once vital piece of information. A child's normal place of residence is determined by where they have lived for the last 6months. Or where the parents have lived for the last 6months (if the baby is younger than 6m). So if you have lived in the US for 6months or longer, then they will force you to come back.

I would certainly seek legal advice (which I did) prior to making any decisions. The information I've given you is what my representation gave me based on my own individual situation. Not necessarily applicable for you.

Good luck!
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Old Jul 26th 2012, 5:35 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
Secondly, you can actually take your child without the father's consent right now as you are still married. From a legal perspective you haven't committed a crime.
That is so very WRONG. They cannot removed the child permanently from the USA without the consent of the father. They would be committing the crime of child abduction.

The FBI will have their officers in London deal with the matter. They will get a Court Order from the High Court in The Strand, to back up a US Court Order, and if they do that before the flight arrives that person will be arrested as they step off the aircraft. I have dealt with and arrested such persons.
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Old Jul 26th 2012, 6:16 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by lansbury
That is so very WRONG. They cannot removed the child permanently from the USA without the consent of the father. They would be committing the crime of child abduction.

The FBI will have their officers in London deal with the matter. They will get a Court Order from the High Court in The Strand, to back up a US Court Order, and if they do that before the flight arrives that person will be arrested as they step off the aircraft. I have dealt with and arrested such persons.
No they won't. There is no residence order, they are not divorced, there's nothing to stop her from doing exactly that. She's not committing a crime of any kind.

I sought legal advice when my wife and I separated and this is what the attorney told me.

If there are no divorce proceedings or any documentation detailing residence and/or contact orders, then no crime is being committed.

Secondly, the FBI would never be involved at all. if anything it would only be local law enforcement. The USA and the UK have reciprocal agreements for many different matters to enforce - Child Support, Contact Orders, Residence Orders etc... but if nothing is in place currently - there's nothing that can be done.
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Old Jul 26th 2012, 6:20 pm
  #21  
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
No they won't. There is no residence order, they are not divorced, there's nothing to stop her from doing exactly that. She's not committing a crime of any kind.

I sought legal advice when my wife and I separated and this is what the attorney told me.

If there are no divorce proceedings or any documentation detailing residence and/or contact orders, then no crime is being committed.

Secondly, the FBI would never be involved at all. if anything it would only be local law enforcement. The USA and the UK have reciprocal agreements for many different matters to enforce - Child Support, Contact Orders, Residence Orders etc... but if nothing is in place currently - there's nothing that can be done.
You're arguing with a guy whose job it was to arrest these folks. I have no idea why.
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Old Jul 26th 2012, 6:25 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by lansbury
That is so very WRONG. They cannot removed the child permanently from the USA without the consent of the father. They would be committing the crime of child abduction.

The FBI will have their officers in London deal with the matter. They will get a Court Order from the High Court in The Strand, to back up a US Court Order, and if they do that before the flight arrives that person will be arrested as they step off the aircraft. I have dealt with and arrested such persons.
Ok - understood. BUT there is no court order in place.

Nothing.
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Old Jul 26th 2012, 6:25 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
No they won't. There is no residence order, they are not divorced, there's nothing to stop her from doing exactly that. She's not committing a crime of any kind.

I sought legal advice when my wife and I separated and this is what the attorney told me.

If there are no divorce proceedings or any documentation detailing residence and/or contact orders, then no crime is being committed.

Secondly, the FBI would never be involved at all. if anything it would only be local law enforcement. The USA and the UK have reciprocal agreements for many different matters to enforce - Child Support, Contact Orders, Residence Orders etc... but if nothing is in place currently - there's nothing that can be done.
Please stop at once you are posting utter rubbish and are wrong. In fact you posts are boarding on callous stupidity. I worked child abduction for 10 years. I have worked with the FBI, I know how they handle international child abductions. I am speaking from hands on experience. I have arrested US and UK citizens for child abduction from the US to the UK, I can assure you I know very much what I am talking about. The legal advice you received applied to you and your situation, what you are posting here is flat out incorrect.

You very clearly have no knowledge of and do not understand criminal child abduction, especially the ways in which the UK and US enforce those laws. I suspect your attorney didn't understand the criminal aspects either.
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Old Jul 26th 2012, 6:31 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
Ok - understood. BUT there is no court order in place.

Nothing.
A criminal allegation of child abduction can be taken. A US Court Order can be issued very quickly and the FBI will get it to the on call agent in London. They will get it backed by an Order from The High Court in The Strand. The latter Court Order will have a power of arrest attached to it. It takes less then a couple of hours to do all that. If the flight is still in the air the aircraft will be meet on arrival in the UK and the power of arrest exercised. If the person has landed the matter will be dealt with by The High Court Tipstaff, FBI and local UK police.

Child Abduction is a criminal offense in both the US and UK.
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Old Jul 26th 2012, 6:33 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by lansbury
A criminal allegation of child abduction can be taken. A US Court Order can be issued very quickly and the FBI will get it to the on call agent in London. They will get it back by an Order from The High Court in The Strand. The latter Court Order will have a power of arrest attached to it. It takes less then a couple of hours to do all that. If the flight is still in the air the aircraft will be meet on arrival in the UK and the power of arrest exercised. If the person has landed the matter will be dealt with by The High Court Tipstaff, FBI and local UK police.

Child Abduction is a criminal offense in both the US and UK.
I am aware of that point. In spite of your opinions, I don't live in blissful ignorance.
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Old Jul 26th 2012, 6:42 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
I am aware of that point. In spite of your opinions, I don't live in blissful ignorance.
If you were aware of that point then I find the fact you posted the information you did even less excusable then I first thought.
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Old Jul 26th 2012, 6:46 pm
  #27  
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

You need to calm down there fella. Seriously - it's a forum, people post advice based on their own life experiences. The fact that you have greater knowledge of the 'system' due to your career choice does not give you the ability to cast aspersions on others. I posted in response to the OP who asked for advice. My posts were based on legal advice given to me by an attorney in 2010. Nothing in my post was meant to mislead the OP, merely stating my experience. I'm happy to be 'wrong', but I'm just posting my own personal experience and advice given.

BTW - I'm not asking to be excused by you.
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Old Jul 26th 2012, 6:57 pm
  #28  
 
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
You need to calm down there fella. Seriously - it's a forum, people post advice based on their own life experiences. The fact that you have greater knowledge of the 'system' due to your career choice does not give you the ability to cast aspersions on others. I posted in response to the OP who asked for advice. My posts were based on legal advice given to me by an attorney in 2010. Nothing in my post was meant to mislead the OP, merely stating my experience. I'm happy to be 'wrong', but I'm just posting my own personal experience and advice given.

BTW - I'm not asking to be excused by you.
The problem is by offering the advise you did could have led the OP to have committed child abduction, have her kids removed and placed back in the US, and her having no legal right to live in the US.

It would be foolish for anyone to follow the advise of someone because they read it on a forum, but some people do.
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Old Jul 26th 2012, 7:02 pm
  #29  
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by muddy mudguard
You need to calm down there fella. Seriously - it's a forum, people post advice based on their own life experiences. The fact that you have greater knowledge of the 'system' due to your career choice does not give you the ability to cast aspersions on others. I posted in response to the OP who asked for advice. My posts were based on legal advice given to me by an attorney in 2010. Nothing in my post was meant to mislead the OP, merely stating my experience. I'm happy to be 'wrong', but I'm just posting my own personal experience and advice given.

BTW - I'm not asking to be excused by you.
The point of these open forums is for wrong information to be corrected, by those who know better.

It happens all the time, no need to get your nose bent out of shape by it.
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Old Jul 26th 2012, 7:04 pm
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Default Re: HELP! Can I return to UK from US with my US Citizen Newborn

Originally Posted by Bob
The point of these open forums is for wrong information to be corrected, by those who know better.

It happens all the time, no need to get your nose bent out of shape by it.
Isn't that what happened here.

Nose isn't bent out of shape, as I said above - I'm happy to be wrong.
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