EU National Entitled to Any Government Help When Moving to UK?

PippaGirl_2

benefitbaby wrote: »

I am not taking sides, all I am saying is that the ex absconded without the permission of both parents (which is I assume why the courts have become involved) and ordered her return, the OP asked only about possible benefit entitlement and I have replied accordingly. Yes I'm not disputing that, you've given good benefits advice.

Ultimately all courts in the EU are bound by the best interests of the children that's not stricly true, many courts are bound by the need to adhere to the law, in this case the law being the mother acted illegally it would seem by taking her children to live outside the UK and the OP has suggested that at present his ex is not coping and the children are suffering as a result he's had not contact with them for 2 years so I'm not sure where this evidence is from the court has demanded she return to the UK and he appears to be trying to ensure this is viable. If the OP cannot show this then the ex and children will remain in the EEA.

Yes the OP could visit if this were to happen but he has commented that the ex has moved frequently which has hindered both the court issue and I assume access this might be purely due to being chased around to try to force her to leave her country and live elsewhere, remove this threat and she may settle and the enviornment would be better for the children . Lets not forget that the ex's mental health is not good what evidence do we have of this? Most victims of DV have mental health issues such as depression and/or anxiety for instance, this is often used against them in the courts by perpetrators trying to gain custody of children and she has no support system presently how do we know this, the OP has had no contact with her for 2 years whereas in the UK she would have assistance with the children from their biological father, his family and friends I suspect the thought of his assistance with her children is not forefront of her mind, more that he will try and remove them from her care citing her mental health issues or the fact that he has better housing or more money or a stable relationship. I very much doubt she has support from HIS family and HIS friends.

This is an unenviable situation but the OP came on a benefit forum and asked for some benefit guidance nothing more.

Absolutely, thank you for the benefit advice. I am merely saying alongside that good advice, there may well be, and probably is, another very different side to this story.

MissMoneypenny

benefitbaby wrote: »

The opening post says the court has ordered her return (based on a lot more info and reports than we have here) and not because he wants to take the children,

I wish you would read all the OPs posts. He is the one who want to make his ex come back to the UK and he wants to take the children. This was in the first post and in his other posts.

FBaby

It is pointless trying to guess what led to the current situation because there are so many possible scenarios. Still, unless the OP was abusive and she worried about her and her children's welfare, she has taken the decision to kidnap her children when she didn't have to. She could have done what all other british women would do, move out, get social housing and benefits. She would have been entitled after 15 years. Instead, she decided to go back to her country which wasn't in the best interest of the children.

Assuming OP isn't abusive, I can understand his actions and I find it admirable that he would go to this length to have contact with his children again. Saying that, things have happened which means that without some compromises, his children will be the ones hurt. If his ulterior motive is indeed to take her to court to gain residency and raise the children with his wife, then he is clearly demonstrating that he is putting his needs before that of his children, which is no better than what the mother has done. Two wrongs don't make it right.

MissMoneypenny

FBaby wrote: »

She could have done what all other british women would do, move out, get social housing and benefits. She would have been entitled after 15 years.

Any immigrant residing in the UK can (and do) claim social and housing in the UK if there is domestic violence, it doesn't matter how long they have lived in the UK. Having worked in a refuge, I always find that strange because a genuine domestic violence victim would not try to stay in the same country where their abuser lived. But in this case, the OPs ex chose to move back to her own country, so she wasn't after living on UK welfare. We don't know why she moved home; perhaps she felt it was in the best interest of the children?

FBaby wrote: »

Instead, she decided to go back to her country which wasn't in the best interest of the children.

We don't know that.

FBaby wrote: »

Assuming OP isn't abusive, I can understand his actions and I find it admirable that he would go to this length to have contact with his children again.

Yet he still hasn't been to visit his children; for 2 years; even though he now knows where they are.

plum2002

Why is the solicitor not finding out this information for you? If they are engaged to action the case then surely it is their job (or their clerk/researcher) to obtain the necessary information to present to the court? Am I missing something?

FBaby

MissMoneypenny wrote: »

Yet he still hasn't been to visit his children; for 2 years; even though he now knows where they are.

My view is that unless one of the parent is abusive, and as long as children can be housed, fed and educated (as would have been the case if she'd stayed), what is best for children is to be able to build a relationship with both parents. She took that away from them, and at such a young age, it is especially destructable.

He hasn't been to visit because according to what he said, he didn't know where they lived and I would assume she wouldn't have opened her door to him. She left, it was her responsibility to insure her children could still have contact with their father.