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Children regarding separation

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  • Children regarding separation

    Hi, my wife and myself have hit a rather rocky patch. We have two children 6 and 8. My wife is from over seas Thailand but has British citizenship. My children were born in the UK. Before I have to go to solicitors, I was just wondering if she would be allowed to just up sticks and leave England with children. I didn't think so, if There was a separation or divorce looming. Any information would be greatly appreciated.
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  • #2
    In a nut shell, no she cannot just leave and take the children without your permission.

    The information I supply is provided for informational purposes only and, should not be construed as legal advice.

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    • #3
      Hi Deadlydaly74,

      There is nothing to stop her taking the children unless the ports and airports are aware she should not be removing them from the UK, but you may be jumping the gun here.

      What is the likelihood of this happening? She should technically have your permission as you have parental responsibility for them being on the birth certificate (I assume). It is possible to apply to the Courts to remove the children from the jurisdiction and the Courts would look at what is best for the children. Of course knowing their father is a huge consideration and it isn't like this is just across the Channel However there are other factors to consider also. Does your wife have a large network of support in the UK or are all her family and friends in Thailand? What arrangements could be made for who the children live with and contact with the other parent? Mediation is expected to be attempted by the Court and hopefully agreement can be reached about the children without the need to go to Court for the Judge to make any decision.

      Have threats been made to remove your children or are you anticipating this may be her plan? It may be advisable to seek some face to face advice on this from a child law specialist (usually attached to the family law departments of firms), if you truly believe she may try and remove them without your knowledge, just so you know your options and what could and couldn't happen. If at all possible it is always best to try and keep communication open between the two of you then sensible discussions can be had about the arrangements for the children rather than assuming the worst. It is difficult when we're smarting to keep a level head and see the most likely outcomes, we do all tend to jump to the worst case scenario which probably won't happen, but good to know your options.

      I'm not making recommendations here but this firm's website does explain what the Courts would consider when faced with an application to move abroad with the children by one parent quite well:- https://www.furleypage.co.uk/persona...-jurisdiction/
      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #4
        Thanks so much for very detailed response. It's a whole new area for me if it all goes pear shaped. We still together and things sort of amicable. Children unaware of any drama which is good. I know it's her friends as well telling her she should chuck me out etc. And seek advice. I believe she may have seen someone maybe a solicitor. Which is why I need to speak to someone also. Ultimately I'll do anything for the children. If I'm homeless and poor so be it. As long as they are ok. I think I'll have to speak to someone as I don't know where I'd stand if we split up. Obviously my infidelity doesn't help my case in the slightest. They all have passports and I think if she had to she could buy plane tickets. Highly selfish but id always expect the worst but pray for the best.
        cheers.
        Neil

        Comment


        • #5
          Its good the children are unaware currently. Hopefully it can be like this until you and your wife decide what will happen with your relationship then they can have things explained in a way they can understand.

          Sensible to get some advice at this stage just so you know the options and what to do if the worst did happen, which hopefully it won't.

          Maybe consider some relationship counselling if you think there is still something to salvage for you both? Just a thought. I hope things can be sorted out amicably.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment

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