Children removed to Slovakia

castle96

Hi, some advice please for worried grandad.
My sons (British) relationship with partner (Slovakian) has broken down. She has taken  the 2 children (one born here), back to Slovakia. Does he have (surely?) and legal rights too 'reverse' this? Court? Don't think she would deny him access, but its hardly a small trip every /weekend. He would like them to be living/schooling here. Don't know what they did re applying for 'right to remain/residency' that expired recently

If he can't get them back, can she apply for maintenance ? How would that work.

Any info appreciated.

MalMonroe

Was your son aware that his ex was going to take the children to Slovakia?

Unfortunately, she's already taken them so things might be difficult for him, especially if they weren't married.

However, the fact that she's taken the children out of this country means that she's abducted them (whether aggressively or not, that's the terminology) - see links below.

https://childlawadvice.org.uk/information-pages/abduction/

https://www.gov.uk/permission-take-child-abroad

There's also this from Citizens Advice, who your son could contact for more help -

https://www.citizensadvice.org.uk/family/making-agreements-about-your-children/your-ex-partner-is-taking-your-children-without-consent

castle96

Yes he 'agreed' (she said she was going to "look after Mum"- cancer). He is/was hoping for a reconciliation. She has fixed up job/school places. Not married. Kids are 10 and 5.
It IS abduction then??    Remedy?   Action?

TonyMMM

Does he have parental responsibility - ( is he named as the father on the birth certificates) ? 


He needs legal advice from a specialist solicitor who deals in cross border child custody cases.

castle96

Yes he has his name on both birth certs. Agreed he needs advice. Poor fella

lincroft1710

If your son agreed to the children going abroad, then it may not be abduction. You say one was not born in the UK, so presumably born in Slovakia. Your son may want the children brought up in UK, but the mother surely has the right for them to be brought up in Slovakia.


Unless son and ex-partner reconcile or can sort something out mutually acceptable between themselves, I do not see this ending well or cheaply. Rightly or wrongly courts often used to favour the mother unless it was demonstrably obvious she was unfit to be a mother. If things got nasty it is quite probable the mother could "hide" the children. 

castle96

Yes he 'agreed'. He thinks of a reconciliation. Yes one born in Slov

Clearchem

It will be very hard to return them, especially as brexit has ended some avenues which weren't that great to start with. He could contact re unite a charity that helps in this situation with support and information. Slovakia has a REMO agreement with the UK so yes she could claim maintenance in line with relevant Slovak law and enforce it on him here. It appears there is no upper limit to maintenance in Slovakia and all property and assets are assessed. Failure to pay is a criminal offence so there may be an extradition risk, albeit harder post brexit, or risk of arrest on visiting the children there. Abduction  or otherwise may be irrelevant to such liability. She could get more having retained the children as there would no longer be shared care in the way there might have been had the children been here. Alas incentivising such behaviour.

Specialist legal help is advised.

tacpot12

The advice above is good and it is what your son needs, but I also wanted to provide a ray of hope here, based on my own experience. When I got divorced, my ex-wife took my young children abroad. Although their move was always expected to be temporary as she was a British Citizen with no other links to the foreign country than her employment at the time, I was shocked and saddened at the reduced contact I would have with my children. Both my and her parents were mortified as the reduced contact they would have with their grandchildren.

However, my wife was very reasonable, and facilitated what access could be arranged. I took my holidays in the country for a number of years, often joined by my parents, and managed to maintain a relationship with my children. I also developed a knowledge and fondness for the country, its people and its language that I still have today. 

My children are now grown up, and although they returned to the UK as young adults, one has now emigrated back to that country. We still have a very good relationship and I visit when I can, and communicate regularly using modern technology at other times. 

Part of me being reasonable was to pay what I could in child maintenance and increase this as my salary increased. I think my ex appreciated this and it helped her to see another benefit of the children maintaining the contact with their father. You son could make it difficult for her to get the maintenance she needs to help provide for thechildren, but I would encourage him not to do so while the children would benefit from both the money and the less tense relationship between their parents. 

I'm sorry, but I think the best answer may be to make the best of the situation. 

castle96

thanks for all your comments so far

MrsStepford

Firstly, I don't see how anyone can regard an unmarried mother who gave birth to two children, as being an abductor or kidnapper, unless the father had full custody from a British court. We aren't in the EU anymore and therefore there's no automatic way of enforcing the British courts' custody order anymore. Some EU member states, won't allow a child citizen to be removed from their citizen parent to a foreign country, at all.

It would be expensive and difficult, to  try to get custody of children living in Slovakia and even if the British courts would do it, there's no guarantee that a Slovakian court would agree. 

The mother may have moved back to Slovakia, to give herself and the children, support from family and friends. She may have felt, that if she didn't move back, she risked being separated from her children, if she was unable to get Settled or Pre-Settled Status for herself. In any case, both are second class compared to British citizenship within the UK. She has a non-British child to consider too.and she and the child might well have been deprived of free NHS care and benefits for example. 

Living in the EU, they can go to university and travel within other member states and have many other opportunities.

The father would be working to provide for them in the UK and not seeing them much, or living a miserable existence on benefits with them. 

He's thinking of the inconvenience and expense of travelling to Slovakia to see them, ie thinking of himself, rather than them being with their mother, with family and having a better future than they would have in the UK.