British Consul

We work with Reunite all the time, so I would recommend speaking to them first. They will point you in the right direction. You can also speak to your local British Consulate to get advice, a list of local lawyers, and to open a case outlining your concerns.

Our representatives will advise you of the process you need to follow to place your children on the Passport Stop List which essentially prevents them from being issued with a British passport until such time as documentation is provided to show that they can be taken off the list.

Hope this helps.

Dean

penguinsix

The US has a similar system for the issuance of second passports to possible abducted children.

http://travel.state.gov/passport/ppi...amily_866.html

You'll find more about it here (it's a website for US military personnel marrying foreign nationals)

http://pom-ima.monterey.army.mil/leg...visitation.pdf

1chumly

I am so sorry to hear your situation. You mentioned them traveling, legally (or otherwise) and I realize it is far, far more complicated that this but I would hold on to their UK passports if possible so if they do travel they travel as US citizens. I don't know if that would make any difference or not. I would get a different lawyer though. Good luck.

bix17

Hi, thanks all,

I spoke with Reunite today and they confirmed that it IS the habitual residence factor that matters. the fact that they have a british passport as well as a US passport matters nought. So there's my definite answer

The only way he could legally keep them over there is if he could prove:

1. 'grave risk of harm' by staying in the USA.
2. acquiescence (I.e. I had either explicitly or implicitly given prior consent)
3. My son who is turning 14 - if he really wanted to stay then the hague MIGHT take his wishes into consideration

Now this is interesting - If he starts a divorce or custody action in the UK (i.e. separate to the one we have underway in the USA) then the UK Hague Convention Court overrides the UK family courts. BUT I was also told don't ever sign any British legal documents because that constitutes me accepting that the UK holds legal jurisdiction and not the USA!! . So even if I had custody all sorted in the USA that could be completely negated by any UK document I sign

My lawyer is drawing up a stipulation which stbx will sign stating that he will return them and such like.

Also if he does try and illegally retain them (that's as opposed to abducting them - there's a legal difference) it is still considered a criminal offense in in the USA. (interestingly only abduction is a criminal offense in the UK NOT illegally retaining)

BUT even in a clear cut case case of illegally retaining them he could request the Hague court make their return subject to certain conditions which they call undertakings. So I'm like WTH?? He can gain LEVERAGE by illegally retaining the children in the UK and can say "I'll only return them If you move out or...... If you change the visition schedule ... etc." See what I mean?. I.e. he can used his illegal action to gain leverage and override decisions made in the USA courts system - I was like are you kidding me!!!! That would be like legalized blackmail!!!:blink

So I'm speaking to a top specialist about this tomorrow. Just in case. Particularly about this 'undertaking' business.

Either way if he tries to keep them over there he's gonna be in big trouble.
I feel a little better about this all now.

bix17

Dean, thanks for the info - the kids already have their own individual British Passports - so I suppose it's too late to register anything with the British Consul?

penguinsx - thanks for the links. Thank you.

JAJ

You are not obligated to let them visit the UK (unless the court tells you). You have the option of waiting until they are of age, eg 16 or 18.

Even with the Hague Convention in place, if you don't trust your husband then don't let them travel. You don't want to be separated for months while there is a court battle.

British passports - should be kept in a safe/secure place but you could ask if it can be made impossible for your husband to apply for them to have temporary or emergency British passports issued.

Your children are aged 10 and 13, so your husband's ability to physically force them to travel is limited. You should discuss with your children what they should do if they feel they are being forcibly removed anywhere.

Perhaps talk through your options with the FCO in London:
http://www.fco.gov.uk/en/travel-and-...hild-abduction

Also, if you've not got your US citizenship you should do so once eligible. It's important for the parents to have same nationality as children.