my husband and 2 children and i moved to spain from england a little while back we have since split up and my children are settled and love it here and i am worried that i can be made to take them back to the u.k as my husbanfd has now returned there. please help me!!!
2007-04-26 01:14:42 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You need to seek advice from an attorney there
2007-04-26 01:17:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
England has some very strong protections in place when it comes to parental rights. You need to consult with an attorney, and get the right answers.
If you had moved to Spain as a family, and declared it your legal residence, you may have a case to stay there. However, if you hadn't prior to the divorce action then you may have problems.
This is just an opinion based on what a friend went through 10 years ago. The best thing you can do is consult with an attorney.
2007-04-26 08:37:58 · answer #2 · answered by Kaia 7 · 0⤊ 0⤋
If "split up"means divorced, then the terms of your divorce agreement with regard to the children will be key - if visitation is guaranteed, and you removed the children without court approval, he very well might get a court order. In the absence of a standing extradition agreement (and here is where you need a lawyer who specializes in international custody) the court in England could freeze your assets in the UK to compel you to return.
If you are separated and not divorced, it becomes more difficult. There have been cases when one parent has been charged with kidnapping and illegal restraint. If you are receiving any support from him or from the jointly owned estate, there are further difficulties.
I definitely think you need professional legal advice.
2007-04-26 08:21:22 · answer #3 · answered by Uncle John 6 · 0⤊ 0⤋
First of all do you belong to spain have a citizenship there if so then it would be very difficult for your husband to call you people back from england on two grounds 1 . If you were married in england that is not valid here in spain . 2. If you were married in spain then he has to come here and fight and he would be a loser.
2007-04-26 08:20:36 · answer #4 · answered by ssmindia 6 · 0⤊ 0⤋
Wish I knew more about the laws in the UK and spain. You may want to start looking in to the Laws there in spain and see what rights and protection you have for your kids. It is intierlly possible that he could have the kids come back with him. Definatly do as much research as possible on this issue RIGHT NOW! if you need to put a retainer down on a good Legal aid for assistance.
2007-04-26 08:19:14 · answer #5 · answered by gearnofear 6 · 0⤊ 0⤋
No one can make you do anything as long as you have custody of the children then no he cannot however if he has custody of them then yes I am afraid he can but usually if it goes to court they will look at the children's welfare and if they are happy where they are then the court will give you custody of them but he may be give visitation rights by the court. Agony Uncle.
2007-04-26 08:22:06 · answer #6 · answered by coofooman 5 · 0⤊ 0⤋
I don't think that he can make you and your family go back. i say that you need to find some kind of lawyer or someone that can help you because if your kids are happy with you and where they live now a real man wouldn't make them go any were.
2007-04-26 08:18:33 · answer #7 · answered by tylove24 1 · 0⤊ 0⤋
not unless his last name is blair.
if not, he aint nuttin and ignore him like we do in the states. LOL
2007-04-26 08:16:48 · answer #8 · answered by Bubba Sparks 1 · 0⤊ 0⤋
are you a spanish citizen or still british?
2007-04-26 08:18:12 · answer #9 · answered by kamustahappy 3 · 1⤊ 0⤋
let him go
2007-04-26 08:16:51 · answer #10 · answered by bronzebabekentucky 7 · 0⤊ 0⤋