Can my British citizen husband stop me from taking our children back to the US?

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Clinton Sea	Dirty American!.... Leave your children in the UK! they will grow up better! Was this answer helpful to you? Yes / No

georgia peach	he has custody too.. right? **** off british idol. oh darn. maybe if i was raised in the UK i wouldn't say stuff like that = / no problem girlfriend. we american girls gotta stick together. Was this answer helpful to you? Yes / No

belairjr	Dirty Brit!! raise them in America! Was this answer helpful to you? Yes / No

World Citizen	Most Americans, I believe, are British immigrants.Why so much contempt in both sets?See in the link how much Bush and Blair love each other and exchange niceties Was this answer helpful to you? Yes / No

emanwelgwent	It may be possible. It depends on the state, if any, of legal proceedings between you. If there is a live child custody issue then it possible than residence order would interfere. You should consult a family solicitor about this. Be aware that the Hague Convention on the Civil Aspects of International Child Abduction applies between the US and the UK - under many circumstances if you simply take off with the kids when child custody is in issue, and succeed in reaching the US, a UK court can get a US court to require their return automatically - without deciding the custody issue. Once again consult a solicitor Was this answer helpful to you? Yes / No

Genevieve` T	The one born in America is definately an American citizen. Nothing wrong with that I would not think. However, the UK court system works different and I would think twice before taking the kids out of the country without something in writing. Ask someone in the court system over there first. Good luck. Was this answer helpful to you? Yes / No

mamour	your husband cannot stop you from leaving, but the kids? yes, you cannot just leave, you must go to divorce procedures first. at the divorce, you two must find an agreement, seeing who gets custody? who gets the kids when? how long? in a dual citizenship marriage? it is always difficult when a separation occurs,especially when one left his home country,and wants to go back, the worse in this situation? are always the children who suffer, and one must consider them first,the ones born in the UK? i am positive you cannot just take them and have them live in the US,do they have dual citizenship? if not? they cannot just go to the US.the law will not allow it,US citizenship must be sought after, in order for them to live in the US. having said that? go to the procedures first, at the divorce? try to work out an amicable way to satisfy both of you, but? do consider the children in your decision,(both of you) ps: if you just leave? without doing anything legal first? you could be charged with kidnapping and having abandonned your family residence, Was this answer helpful to you? Yes / No

clowny clown clown	So you want to take your kids away from their Dad......Generally the arrangement is a few years with you then a few years with him. Maybe you should think of them before yourself and try and amicably work something out with your your husband. Your attitude is spiteful. You are both their parents. Why do you have the right to take them? Maybe instead of asking Can your husband stop you?, you could ask How can we make an arrangement? My ex and I put our differences behind us so we could focus on what was best for our daughter. Never ever trashed each other and I never wanted to kidnap her. It wasn't easy but we did it. I'm English, he's Canadian. I'll think about going home when she's an adult. Trashing their nationalities is juvenille and not helpful. Grow up. Was this answer helpful to you? Yes / No

Blackshuck	I certainly hope so. Was this answer helpful to you? Yes / No

Slim	Miss Waters – seek legal counsel as soon as. Citizens Advice: http://www.citizensadvice.org.uk/ is a good place to start and it’s free or online here: http://www.communitylegaladvice.org.uk/ or here: http://www.family-solicitors.co.uk/ or if you have the resources get yourself a solicitor right away. Good luck! British Idol(!!??) – From one Brit to another: you’re an embarrassment – I apologise on your behalf for your lack of communication skills, insensitivity and inability to form a cogent argument! ‘Sparkle’-you certainly do! Was this answer helpful to you? Yes / No

dawn m	you need to see solicitor as he has legal rights as the father also he can stop the children going back to usa to live and he could get a court order on this see a solicitor Was this answer helpful to you? Yes / No

grannynightgown	Wow, you really need to speak with a legal expert here (a lawyer in the US or a solicitor in the UK). Your husband cannot stop you from leaving, but he can stop his children from leaving. In order to take your children back to the US, you are probably going to need a court order stating that you can take your children back to the US. Taking the kids back to the US without a court order could very well put you in the realm of international child kidnapping. If you do this, the US would simply seize your children and send them back to the UK. Your parental rights would likely be terminated as well. Was this answer helpful to you? Yes / No

Little Hobo	You should definitely seek advice from the American consulate before doing anything. I hope you and your husband work something out of this cruddy situation. Good Luck to you and your little'uns x Georgia peach I imagine you probably would of said something much worst if you had, we english love a jolly good swear :O) Dirty shwa it sounds like you could of been the perfect person to get some advice from as it sounds like you have been in a similar situation maybe you should of offered a shoulder and some advice without over reacting and attacking. she needs to know her options and where she stands legally. Was this answer helpful to you? Yes / No

Shirley J	This is important. Shouldn't you be seeking legal counsel? If you can't afford it, look for legal aid. At least call the US Embassy. Was this answer helpful to you? Yes / No

msirismckenzie	The short answer is yes. Just because the oldest was born in the US and is a US Citizen, doesn't mean you can just pick that one up and leave the UK. If you decide to 'take a vacation' and bring the kids to the US, and then decide not to return, you are in for a world of hurt. Just because the oldest is a US Citizen doesn't mean you would be able to keep even that child in the US against the father's wishes, if he chose to go to court in the UK. There is something known as the Hague Convention which applies to international custody/abduction cases. And yes, you could and probably would be charged with international parental abduction. And the US is required to return all three children to the UK, to their father, as both the US and the UK are signatory nations, meaning they agree to be bound by these rules. The Hague Convention basically states that they will 'return the child to their place of habitual residence'. Which means the oldest will go back to the UK too. Was this answer helpful to you? Yes / No

sparkle	@Dirty 'sha...You are the one who sounds spiteful, she did not say she wanted to take the kids away from their father. What she said is she wants to bring them back to her HOME the USA and i would want to do the same thing too. Just because she leaves doesn't mean that she doesn't want him to ever see them. And even if that is what she means, so what? Her situation is not yours. She did not elaborate on the reasoning behind the question, which tells me the problem is serious. He could be raging alcoholic that is beating the crap out of her & the kids. She asked a question your opinion is unlooked for. You are a British, so you should be able to understand English clearly. Miss waters you are being told some false information. These answers simply are not true. YES there is kidnapping treaties between the US & UK. An Immigration officer can ask you for all sorts of paper work to prove that you have custody etc when you enter the US & they will if you make them suspicious. I would play it cool & act like your just coming back for a visit. Don't lie, but just don't offer any information they don't need to know unless you are specifically asked. Even still, they have to let you enter the US, because you are a citizen & i am assuming your children have duel citizenship. I know that any child born of an American citizen in the UK has to have an American passport to get British citizenship. I know that doesnt make sense, but its fact. Therefore all your kids are American citizens because you have to report any births to our embassy. Unlike the US, the UK does not give automatic citizenship to a child born there, so i know this is true. Your kids are American citizens & they are intitled to the protection the US will provide for its people. There are countries that allow men to abuse their wife & kids with no consequences. The US is aware of that & thus there are loopholes in that agreement & they protect us whether we have been gone for 10 years or 10 days as long as you didnt give up your citizenship ie you swore alligence to the crown. Come home girl & dont let these people scare you. If immigration gives you a problem, tell them whats going. You are an American Citizen & you can return WITH your children to the US and immediately file a police report and a report with child protective services to let them know about the issues.. There will be an investigation so that if the father tries to have the children returned he'll be denied. The courts will not allow children to be returned to a potentially dangerous person. You will have to prove your case, & you & your children will never have to return. You will be allowed to fight for custody from the US. They will only force you to return the children if he has won custody, which he wont. They will not "seize" your children unless you bascially left for a dumb reason like "he cheated on me" which i doubt that is the reason because nobody is dumb enough to think they can take a child out of a country unless the situation is desperate. Unless you are a crack head, the courts see it as a child belongs with their mother, especially when they are that little. You will NOT automatically lose custody because you left, especially if the circumstances are extreme. Also, when parents are divorced & live far away from each other, they usually make it so that one parent gets the child/children every summer. They will not make a child switch schools ever two years. I have never heard of an every two years agreement. That does not sound like the childs best interest to me & that is what courts are concerned with- the child. Not you or him or what is convenient for the two of you. Again this does not apply under extreme circumstances. If anything, he will have to come to the US & have supervised visitations. I do hope i helped & please take care of yourself.. ~Sparkle Was this answer helpful to you? Yes / No