Family Law?
by admin on Tuesday, March 22nd, 2011 | 5 Comments
I have custody of 2 children , reside in USA, am planning a move to UK to be with my husband. Childrens biological father (not my husband) has court ordered visitation rights to children…what is my legal position there should biological father pursue his visitation rights? Does US family court order pertain there? My husband is in England.
Bottom line is that you will not be allowed to leave the country with your children if their biological father does not agree to the move. And if he wishes to retain visiting rights, I can’t see him wishing to do a transatlantic trip every time he’s due to see them (and indeed why should he??). Your husband had better start making plans to get back to the USA….
Depending on what your custody agreement states, you may not be able to move the children without their father’s permission. Before you do anything, I strongly urge you to contact your lawyer and discuss all of this.
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if there have it
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well here in the uk my boyfriend is currently going through court to see his son…. and he has been advised by his solicitor that if his ex leaves the country (with his son) she needs to have his permission through a judge or solicitors explaining when she is back when she goes, and in extreme cases he can have a judge seize his sons passport so she cannot take him out of the country. i dont know if its the same in the US, but it wont just be as easy as ‘im their mum so i can take them by right’…. maybe you will have to pay half the costs for the journeys or maybe sometimes they will have to travel over to their dad… its simply what the judge orders. hope you get it sorted!
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The U.S. visitation / custody order takes precident. If you move without the permission of the court, then you would fall under the PPKA and the children can be held by Brittish authorities until such time as they are returned to the U.S. and custody of the non-offending parent.
I would STRONLY suggest you either petition the court for permission to move WITH the children or gain the father’s permission in a joint petition, OR leave the children with him and move.
Otherwise, what you contemplate without the court’s approval and a subsequent order to that effect, will result in International warrant for your arrest pursuant to the Hague Convention on the Civil Aspects of Families and Children.
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Bottom line is that you will not be allowed to leave the country with your children if their biological father does not agree to the move. And if he wishes to retain visiting rights, I can’t see him wishing to do a transatlantic trip every time he’s due to see them (and indeed why should he??). Your husband had better start making plans to get back to the USA….
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Personal experience…sorry