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Hi There,
I wonder if you could help with my present situation and point out the next step I should take. To cut a long story short I lived overseas and married a girl there. Our son was born in 2008. In 2012 I was diagnosed with stage 4 mouth cancer and given 12 months to live. We returned to the UK for treatment.In 2013 my wife returned overseas and now is living with another man and has a new child with him.We haven't seen her since ands he phones her son twice a year -2 x 5-minute phone calls.
Against all odds, I beat the cancer and have raised my son alone.He is doing well in school and goes to cubs and swimming lessons. He is happy.
My concern is that she could return and claim parental rights even though she hasn't been there for almost 5 years. Is there some kind of document I can get to ensure she cannot just arrive out of the blue and take him.Also if I take my son overseas I need a document to show that I have the right.
What advice do you give? I am not even sure where she is living and in which country
Thanks in advance
Hi There,
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I think that you should be able to apply for a residency order meaning that your child could stay with you and that your ex couldn't just take them, it would also give you the rights to travel abroad with them for up to one months.
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I'm not sure how it would work with you not knowing where your ex is, but I know to find people in the uk you can apply for a search and find order and then the courts would find but as your ex isn't in the country that option may not be available.
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One of the others with more experiance in this sort of thing will be on line later so keep checking back.
.
GTTS
Applying for a court order would be extremely difficult, as she isn't resident in this country. To be honest I'm not sure how you would be able to apply for full residence of your child without her being here either.
I think your best bet is to give Reunite a call, they are experienced in international custody cases and abduction, I'm sure they will be able to advise you further. Here's a link to their website where you'll find contact details and a telephone number that you can call.
www.reunite.org
They have been really helpful in the past, with situations similar to yours.
Best of luck
I was wondering if in these circumstances it makes sense to do anything at all ?
She is not around, she is not trying to take the child away, there is only a concern that she might, but right now she isn't and you don't describe anything to make it seem likely that she will. Do you have his passport ? Is she even a British national, or does she have a right to live here ? You have been through a lot, and to me as an outsider, it sounds as if this may be coming from your own understandable anxiety, perhaps that's what you need to address ?
Presumably he will be registered in a GP under your address, his school have your contact details, etc, etc. Regardless if you have a court order or not, you are his de facto resident parent, but more than that, you're the one he is attached to, just keep focusing on his well being and you're never going to loose him.
I would be inclined to agree with Superprouddad - if you can apply for a court order in any way, then it might prompt your ex into some action. By all means, have all the information to hand, including applying for emergency orders if she suddenly turns up, but otherwise keep things quiet and hopefully you won't need to do anything in the future.
I can understand both points of view, getting as much information as possible is a good idea in any event.
It may be that you could apply in her abscence, as she has been missing from the child's life for so long. She would also need a passport to remove him, which I'm assuming is in your possession.
I would speak to your sons school, so that they are aware of your concerns, and Reunite to find out where you stand legally. Sometimes just having knowledge of your options is helpful in putting your mind at rest.
All the best
Thanks ever so much for your help everyone. I will contact reunite today and let you know the response
Cheers
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