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I married a Irish National 5 years ago and we have 2 kids, 3 and 4 years old. We moved to the UK 5 years ago as I am from Indian and am a doctor and cannot progress in the Republic of Ireland. After the first lockdown, my wife insisted to go to ROI for a holiday with the kids before the eldest kid joins school. As I work in the NHS I was little reluctant to let her travel with the kids overseas, although it is a short trip. She doesn't work and insisted. Upon arrival at ROI she goes to a women's aid helpline and 'realises' she was a victim of domestic abuse and refuses to come back with the kids demanding that I 'sign them off' . She said she would visit once every fortnight and holidays if i did so and I refused as the current situation meant she would be isolating with the kids every time for 14 days, which literally means permanent isolation until COVID settles. I spoke to a solicitor who recommended I charge her with child abduction as it had been 2 months since she had not come back, but I decided to hold off and text her stating that this was the plan. Big mistake, as she sent a emergency International relocation, domestic violence court order the next day. She had filed the statement 3 weeks prior to this. Surprisingly the judge ordered her to come back if I moved out of the house and accepted and occupational order and non mol. I had also claimed a lot of emtional and physical abuse, so there is a non mol against both of us. Subsequently she decided she should not purse a fact finding and a second court instruction (after suggestions by CAFCASS), i have got school drop off and pick ups once a week and overnight stays alternate saturdays with saturdays 10-4pm.
SHe has not let me talk to the kids although the court says every thursday 6pm video chat and regular video chat, Apart from thursdays, which she doesn't keep to the time, there is no promoting contact. I had to go to court so I could get my kids half the time at autumn break , fortunately got it in addition to Christmas holidays 50/50
Final hearing will be after a section 7 on Feb 2020 but I fear she will go back to Ireland and not let me see the kids.
Does anyone have any advice on how to better the odds to keep my children in the UK where they were born? The have Irish passports, but my solicitor says that shouldn't matter as they are permanent residents hear.
When your section 7 is completed, it will contain recommendations to the court and these will give you a reasonable indication of what the court is most likely to decide at the final hearing.
If the mother has not been complying with the interim orders, you can let Cafcass know when they interview you for the Section 7 and let the court know at the next hearing.
As Bill has said, it's a complex case and your best bet is to continue taking professional legal advice on the matter.
Feel free to post here for support and we will try to do our best.
Thanks, I will keep you posted
Hi Guys
I have been contacted by CAFCASS for preparation of section 7 report and I was going to prepare the following as per welfare checklist
1. Why the children should stay in the UK - not in their best interest, more the mothers
2. My wife can work here whereas I cannot work in Ireland
3. I will be completely isolated and stuck in the UK as my family is in India
4. I am self sufficient with I have a permanent job here and can provide for my children
5. My wife is not promoting contact as suggested in Court.
6. She lives in a tiny village which will entail a flight (nor direct from UK) and then a car hire for an hours drive as there is no local transport
I have done some research on this on the internet and this website which was of some help
My wife's family is culturally backwards and has always commented about my culture and our kids are coloured. will that be effective to bring about as they will live with them?
Any other suggestions? Any tips on how to prepare?
Looking forward for you advice
hi,
during your interview with Cafcass, would be good to have those notes in front of you. keep everything child-focused.
I would recommend you complete a parenting plan from cafcass site, and mention it in your interview: https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-plan/
Yes, try to keep everything child focused and really think about how each of the points in the welfare checklist will apply to your children.
For example, do the children have any hobbies or sports that they would miss, especially anything they can't do over there if it's a tiny village?
Have you looked at the school they might attend? Is it appropriate for them and their needs?
What emotional impact is the move likely to have on them, their relationship with you etc etc
HI
Thanks for that
The children are not in any sports as they are only 3 and 4 - COVID time has not permitted much. The eldest has made friends in School and seems settled.
I am not sure of what schools are available there in the Republic of Ireland but I will look into it.
If my wife relocates, they will be emotionally affected as they were previously when she took them away to Ireland without my consent, but unfortunately at 3 and 4 years of age, they are very resilient.
Does racist remarks from family and friends make a big an impact on the decision?
Hi Bill 337
Thanks for the tips, I will make notes according to the welfare checklist.
Parent plan doesn't seem to be feasible as she has cut off all communication
Hi Guys
If CAFCASS don't contact me for the section 7 is that good or bad?
Should I chase them?
I assume the longer my kids stay in the UK the better it is so if the hearing gets postponed due to failure of section 7 report that is a good thing right?
hi,
do you know by which date the report should be completed? you should chase this up with Cafcass.