lansbury

Maddy

Sorry if it came across as violent, it probably was as I have a very low opinion of UK lawyers when it comes to child abduction, and very often ended up in the middle of one very emotional mess trying to sort it out. I trusted only 1 person to get advice from who was the recognized expert on child abduction. She was the Special Branch officer who trained me on the subject and we were in the same office. She also instructed Reunite staff and solicitors nominated by them. There was a lady solicitor connected with Reunite who was very good and we would tell people to speak to her, can't remember her name now. But as for a great many of the others I dealt with they just didn't appreciate the difference between civil and criminal resulting in some horrendous messes.

No sarcasm read into your reply but basically the answer to your question is yes. If there is a criminal allegation of child abduction which appears to be substantiated and the complainant can make such an allegation the police policy has always been, if there is any doubt the child will not be allowed to leave the UK until the matter is investigated. What you said is correct under the Hague Convention, what I say is correct under the Child Abduction Act 1984. Police act under the latter and are the final arbiter at the aircraft door.

Now there is a difference from being stopped, arrested and charged with child abduction and yours and others similar circumstances. In those circumstances there are defenses allowed but it would not stop the hassle of being required to remain in the UK while it is sorted out. The only 100% method is by the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or
if any person has custody of the child, the leave of the court which awarded custody to them. IE a court order because then the only way to rescind it is by going back to the court and until that is done the court order remains the binding document and cannot be done without the other parent having adequate notice to challenge the application. However to put things into perspective I have been trying to think how many cases I dealt with that were similar and I guess it wasn't more than 1% of the child abductions I dealt with. Most would never even encounter those circumstances.

If they rescinded permission but never made a complaint to police you are not going to be stopped leaving and then the US courts will sort it out. However the OP seems to be in a situation where it is a real possibility and it seems only has an informal written agreement which she and the ex did together and which he has already said he no longer wishes to agree to. As Harry Callahan used to say "Do you feel lucky". If it were me I wouldn't bring the child out of the US.

Mine are 30 and 28 so those worries are long past but my ex tried to mess up some holidays when they were younger especially trips to Zimbabwe so I appreciate this from both sides. Very embarrassing being stopped by your colleagues and spoken to in the departure lounge. Now my only worry is the Territorial Army regiment they both belong to is deploying to Afghanistan next March and I can't refuse permission for that.

Rete

I get the feeling that the OP did not have a proper visa to enter the US to marry and AOS = K-1. I looked through her old posts and didn't see that. If I missed it, I'm sorry.

Bob

Any chance of leaving the kid in the US with the other half?