I moved to America 2 1/2 years ago and had my children living with me then, however following a child abduction hearing in america which I won, my children went back to england for a vacation and never returned. If they came here for a vacation or to live could I apply for their custody in an american court, or would i have to do that in an english court. Right now neither I or my ex-wife have legal custody of them. She filed for it in england but the judge refused to give it since i wasn't represented in the court. I'm married to an american so moving back is impossible!! Plus I prefer it here, any lawyers want to take a stab at this one????
Immigration - 2 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Your in trouble my friend. I would move to England and make the most of it. Possession is 90% of the law. It's to bad that your in this situation. Good luck to you.
2 :
There is the Hague Convention governing parental international child abduction. The Hague convention also covers wrongful retention in another country - it looks this is your case. The children custody is the independent issue. You can apply for child custody in the place of habitural residence of children - local court of last child address. The strong argument for an American court (state court) is that children were taken out of USA and the foreign court (UK) did not issued any decission. Going to UK to face that court and that law when children were taken out of US soil is not wise. In my opinion, the petition with US Department State shall be filled for asistance of children return according to Hague Convention. Other option is to apply for temporary sole custody of children in the local American court for return of children to their habitual (American) residence.
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