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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33904
Experience:  25 years hight street experience
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If my children are British nationals, and the mother is of

Customer Question

If my children are British nationals, and the mother is of Peruvian nationality and under the divorce settlement she was awarded custody of the children (No challenge from my side), what right under uk law is this divorce settlement applied and can it be re challenged. Note the children are of age 9 and 6 and currently reside in Peru..
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Clare replied 5 years ago.
Hi
Where did the divorce take place?
Claire
Customer: replied 5 years ago.
The divorce was applied in Peru

Regards
Antony
Expert:  Clare replied 5 years ago.
Hi
Since the children are in Peru it is Peruvian law which applies and not UK - and the UK will uphold any orders that are made in Peru.
Claire
Customer: replied 5 years ago.

If the children were in the UK, would this make a big difference. I assume UK law would apply, if this was the case would they consider the agreement in Peru relevant or irrelevant.

Could i take this opportunity to review the custody agreement, if so what would be the process?

Regards
Antony

Customer: replied 5 years ago.
Just to put my question in to perspective the mother is in essence soley reliant on my settlement in order to provide for the children, with a monthly payment of USD3000 per month in addition i pay private school fee's and a comprehensive global medical insurance. Which is well within my means, the concerns i have is whether firstly the money is actually going directly to the children and more importantly is she playing the proper role as a mother, given every time i call they are with the grand parents.. This for me is not the optimal situation.
Expert:  Clare replied 5 years ago.
Hi
Regardless I am afraid that the only option is to deal with this in Peru
Claire
Clare, Solicitor
Satisfied Customers: 33904
Experience: 25 years hight street experience
Clare and other UK Immigration Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 5 years ago.
fraud; and Whether the judgment offends the public policy of the local state.
Expert:  UKSolicitorJA replied 5 years ago.
There are Limitations as to enforceability of foreign judgements: fraud, against public policy, improper service etc. and my colleague should have explained this when advising you the UK will recognise any order from a Peru court.
Expert:  Clare replied 5 years ago.
Hi
To avoid confusion Peru is a signatory to the Hague Convention on Child abduction as is the UK
One part of this is a commitment to allow the country where a child is resident to make the orders relating to the child
You can find out more here
www.reunite.org
Claire

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