HELP! Can I return to UK from US with my US Citizen Newborn
#16
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Joined: Jul 2012
Posts: 2
Re: HELP! Can I return to UK from US with my US Citizen Newborn
Can u message me I'm going thrum similar thing
#17
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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
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.
#18
Just Joined
Joined: Mar 2009
Posts: 25
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!
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!
#19
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
#20
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Joined: Mar 2009
Posts: 25
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
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.
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.
#21
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
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.
#22
Just Joined
Joined: Mar 2009
Posts: 25
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
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.
Nothing.
#23
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
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 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.
#24
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
Child Abduction is a criminal offense in both the US and UK.
#25
Just Joined
Joined: Mar 2009
Posts: 25
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
Child Abduction is a criminal offense in both the US and UK.
#26
Re: HELP! Can I return to UK from US with my US Citizen Newborn
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.
#27
Just Joined
Joined: Mar 2009
Posts: 25
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.
BTW - I'm not asking to be excused by you.
#28
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.
BTW - I'm not asking to be excused by you.
It would be foolish for anyone to follow the advise of someone because they read it on a forum, but some people do.
#29
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.
BTW - I'm not asking to be excused by you.
It happens all the time, no need to get your nose bent out of shape by it.
#30
Just Joined
Joined: Mar 2009
Posts: 25
Re: HELP! Can I return to UK from US with my US Citizen Newborn
Nose isn't bent out of shape, as I said above - I'm happy to be wrong.