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

Mojisola

tintingirl wrote: »

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?

This wouldn't mean anything. She could apply for new ones, saying the old ones were lost, and the children could be gone before scousedave knew anything about it.

Sommer43

Apply via your solicitor to the high court for a prohibited steps order. If you are the resident parent, the non-resident parent is not allowed to remove the children from the country for longer than a month at any given time without permission.

They may have dual nationality but where were the children born? You need to get to court and secure a residency order for your children. The children's mother is back in the Phillipines? There is no risk at this moment in time then? Put the wheels in motion and secure the residency of your children. The status quo as one poster has mentioned is what a court will look at.

Mojisola

Sommer43 wrote: »

Apply via your solicitor to the high court for a prohibited steps order. If you are the resident parent, the non-resident parent is not allowed to remove the children from the country for longer than a month at any given time without permission.

Unless the law has changed, I'm sure you can stop the children leaving the country at all. Some resident parents can't even take the children for week's holiday abroad because the other parent won't give permission.

Once a child has been taken to another country, it's much harder to get things put right.

Sommer43

Mojisola wrote: »

Unless the law has changed, I'm sure you can stop the children leaving the country at all. Some resident parents can't even take the children for week's holiday abroad because the other parent won't give permission.

Once a child has been taken to another country, it's much harder to get things put right.

Hi Mojisola

The correct course would be of course, for the mother to apply to the courts to take her children back to her home country. Were she to take them without such an application then, you're absolutely correct. It would be very hard to have them returned.

The current Children's Act of 1989 states that a child with shared parental responsiility is not allowed to remove the child from the country without permission from the other parent.

So, the father here, needs to check if he has parental responsibility, if not, then he needs to get it. He should also apply for residency of the children too. Now, she could still remove the children, English Family Law could order their return, however, as I know and you appear to be up on Family Law, you will likely too, any country that is not part of the Hague Convention, brings a tricky angle in.