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Can my ex prevent me moving to USA with our kids?

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Can my ex prevent me moving to USA with our kids?

Postby Lea » Thu 10 Jul 2014 14:50 GMT

Hi folks,

My ex has known for some time that I am getting married to a guy in the USA with plans to move out there with our two sons. He said that for the sake of the boys he will give me his blessings and not intervene. But now he hs changed his mind!

Could anyone advise me on what he can do to stop me from taking my sons abroad? I hope not too much because of the following;

1. He sees them maybe once a week.
2. He has severe mental health problems and is heavily medicated.
3. He is very abusive and I left him because of this abuse.
4. The police were aware of his abuse and although he was never charged for anything, the domestic abuse unit have him on their records.
5. He has a long criminal record, most offences being violent.
6. He is on state benefits, living in a one bedroomed flat.

I know I may sound really intolerant of mental health issues here, but I am really not! I just think that seeing as I can offer the boys a better lifestyle ie; a home with two working parents etc...that they would be better in the USA. We cannot live here in England because the pay of my fiance's job is outstanding and cannot be matched here.

Any advice will be appreciated, thank you :)
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Postby Graeme » Thu 10 Jul 2014 23:48 GMT

You may need to seek legal advice regarding this. I believe he can get a court order to prevent you leaving until he has a hearing and the judge would then decide. However if he is just saying that you can't go but doesn't take any legal action it may be that once you are gone he has missed the boat and would need to start a court proceeding then. There are a lot of variables at play here, one of which might be is this a permanent move, will the USA let you in, are you applying for a green card (they can let you in on a visitors visa with the expectation you will leave-but you can't work and are subject to deportation if found contravening the visitors visa)-ideally you would be married before you go, they are not keen on fiancee as a status, etc etc. You need to know what your legal standing in the USA would be, then find out (if you can) whether he intends to seek legal advice. As I said this is a very complicated issue and a solicitor well versed in this field would be very helpful.
Do you have a leaving UK date in mind, does your ex know this date?
Too many questions, few answers and I am not a lawyer and do not give legal advice.
Hungry for magazines from Britain? Visit the main web site at http://www.britishexpat.com and satisfy that craving!
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Postby Lea » Sat 12 Jul 2014 19:11 GMT

Thank you Graeme, I figured I would need legal assistance. Sigh. Thanks again :)
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Location: Aylesbury, UK


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