How do I stop my ex wife taking my kids out of the uk permanently

scousedave

Hello.
My ex wife is from overseas (S East Asia) and currently lives there.
I want her to visit the children in the Uk, she would have the appropriate visa but I only have a very informal letter to say that I can raise the children in the Uk.
What I am worried about is if she wants to take the children back to Phillipines there is very little I can do about it or so I have been told by a solicitor.
I dont get it. As a father I give them a better life here but I cant prevent her from taking them back and living in squalor with no proper schooling...this cant be so?
By the way the children have dual nationality and 2 passports.
Can anyone pls help?

Gigglepig

How old are the children, and who is their primary carer at the moment?

Why do you think they would they be living in squalor with no proper education? If you make a decent maintenance payment they may have a high standard of living, due to the much lower cost?

scousedave

I am the only carer now.
The childen are both 3years of age and I know that from past experience any money sent would go to her family or the locsl bar...of this I have no doubt

Mojisola

Yes, you can stop the children leaving the country. Get to a solicitor.

clearingout

why are they currently with you and not with their mum? I suspect this will be key to any case you may have in the UK courts.

I have just googled and the Philippines are not signatories of the Hague Convention so you really need decent legal advice before moving this forward. The UK courts do not consider the best parent is the one with the most money - if this was the case, a huge number of women would lose their children following the breakdown of their relationships and it's not how it happens here in the UK. The UK courts favour the 'status quo' which, if you have been caring for the child, would be in your favour but that might depend on how long you have been their carer for and why mum left in the first place.

Try reunite.org for further information. You probably need a specialised lawyer.

kingfisherblue

I agree that you should seek legal advice. If you do need a court order, anything showing that you offer a stable home for your children should count in your favour. That includes nursery, contact with grandparents, etc.

VfM4meplse

scousedave wrote: »

As a father I give them a better life here

I think the economic benefits are well recognised; many Phillippino women come here to work and leave their kids behind to be looked after by their families, which must be agony for them.

In your position I wouldn't allow unsupervised access if you don't trust your ex, it's just too risky.

lindseykim13

Hide their passports?

heretolearn_2

get a better solicitor. There are steps you can take that should stop her taking them abroad, but even so, if you think this is a real risk do not let her have unsupervised contact.

tenke

Did she express her wish to take them back or this is just a hypothetical situation?:eek:

I think best thing to do IF she wanted to take them is to have a talk about what is best for the children. If you make her see their economical and education chances are better here, she would want what is best for the children, is my guess.

Now this is just purely from an economical viewpoint I think, because when it comes to family orientated and a warmer society dynamics, I think the children would feel happier there

If you both agree on your parental input, during their upbringing, these children can have the best of both worlds :T:D

Giraffeseeker

If there are two passports, do you have both or just the UK ones? Can't you make it a condition of her visiting with the kids in the UK that she surrenders their Phillipines passports to you, to ensure she doesn't take them out of the country?

I too would seek advice from a solicitor. The cost is a drop in the ocean compared to what it would be if she took them and you had to fight to get them returned.

Good luck