kitkat11

I am in a situation where I want to move back to England
With my 2 children age 6 and 7 .
I'm a permanent resident in the US and am from Surrey
I moved to the US with my American husband 5 years ago
The children were born in England so have dual citizenship .
Unfortunately my husband and I got divorced nearly 2 years ago .
It was ugly. When we agreed to separate he took the children to his mothers house and refused to return them. He filed for custody , alimony and other things . Anyway after going to court the children were returned to me and I have custody . He sees them on a regular basis . He gives very little child support
I moved to rented accommodation. I work and have got the kids in a good school here . I'm miserable . He is difficult . I pay fir everything nearly .
I'm thinking of going back home . My mother is on her own and is 80
I recently went to court to see if he would pay more child support but was
Unsuccessful . I was gutted. I'm so tired of it all . If he fights me taking the kids
I wonder if I'll have to go to the court in his jurisdiction as the judge was not favorable to me at all . My ex lives in a different county to me

mikelincs

You do need to see a lawyer specialising in Family Law as you will need a court order to remove them for the US unless he gives permission.

Noorah101

I'm sorry this all happened, I can understand why you'd be miserable.

You would need his permission or a court order to remove the kids from the USA, though.

Rene

NatashaB

You will need a court order, and since he is still involved in their lives, it's not by any means a given that you'll get it. Could you naturalize and bring your mother to the US? It might be more feasible... although obviously costly to find her healthcare coverage.
I think if you're the one to file, the case would be heard in your jurisdiction. Avvo.com has good legal info and you can post questions there for lawyers to answer.

BritInParis

You'll need valid British passports for your children and a court order to remove them from the US before anything else can happen.

Shirtback

You would apply for the court order for permission to remove the children from the jurisdiction which covers your residence.

Having said that, a consultation with a lawyer (family law, preferable one who is experienced in international cases) should be your first action.

Pulaski

So as not to sugar coat the situation, if the father sees the children on a regular basis (as the OP says he does) the likelihood of getting a court order permitting them to leave the US against the wishes of the father, is low.

petitefrancaise

Is there any chance at all of you working out an agreement with your ex husband which would involve you living in the UK and sending the children back for holidays - probably at your expense?

Would you be able to manage without any financial assistance from him at all?
From what you have written he wants to see his kids but doesn't want to be responsible for them, so living in the UK and sending them back for 50% of the holidays means he gets what he wants and you get to live in the UK with your mum.

From what I learned, once the children get to about 12 then the courts will take into account what they want to do and that might work in your favour, obviously this is further down the line..

On the other hand you just might be married to a SOB who delights in making your life miserable and controlling you all just because he can.

My sympathies for your situation.

I can only echo what others have written and suggest you get an expert legal opinion.

Bighug xxx

scrubbedexpat099

It Is rare to let a child out of State, never mind Country.

kitkat11

We all have British passports
And moved to the US because I was married to him and he is American .
So basically am I "trapped " here in the US so he has his visitation rights and only gives me $400 a month child support . In most ways it is beneficial for me to move back to the UK . I have a place to stay , free medical , dental , tax credits , family , more support .
I pay rent, medical , insurances , car costs , utilities , food , child care costs etc etc . It had been 2 years now and I'm getting so tired of it all .

Giantaxe

Sure, but he could plausibly argue that it's not beneficial for him as the children's father, nor - by extension - for the children themselves. Really, you're going to have to convince a family court that it's in the best interests of the children for you to move to the UK.

petitefrancaise

The forum here might be of use?
Reunite International

They have links to specialist lawyers and other organisations.

This Guardian article makes interesting reading.
Mothers lose out as expat parents fight for custody in foreign courts | Society | The Guardian

It's an area that we should all think about when moving with our children. I posted a link some months ago concerning getting a "pre-nup" in the USA. In the USA if you don't have your own pre-nuptial agreement then you automatically have another - it's the one written up by the state/country in which you live.

Trixie_b

I'm sorry you find yourself in this situation.

I'd reiterate what others have said, consult with a specialist lawyer who has experience of international circumstances like yours.

My advice would to make sure you have everything "ready to go" when you are ready to approach him with the suggestion, make sure you have the cash set aside to buy last minute plane tickets, because if you do get him to agree (or the court gives you authority to leave) then make sure you do it quickly - within days of getting the permission.

Don't try and take the kids without the proper authority, because you'll be in a whole world of trouble, and may be separated from the children permanently.

Best of luck.

Lastly, and I don't say this to be mean, but your problem is one faced by people who have international marriages and families. Part of the joy of having your children came with the possibility of what your facing. The best interests of the children may well be to stay close to their father, despite the pain and unhappiness that it causes you.

petitefrancaise

International Family Law Firm

this link has a good article written by an international divorce lawyer. There aren't any magical fixes but some good suggestions.

Dorothy

Might I also suggest that you get your American citizenship as soon as you can? You want to be able to come and go from the US without the worry of visas.