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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33320
Experience:  25 years hight street experience
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If a UK Citizen living in America for the past 10 years has

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If a UK Citizen living in America for the past 10 years has a 'No Contact with step children' put on him by a juvenile judge and they all came to England (Mother & children) would this still be imposed on him in England ??
Hi
Why was the restriction put on?
Claire
Customer: replied 4 years ago.

Hi his step daughter who is bipola said he touched her breast (not true) so he is awaiting to know wether or not USA will take it any further or not. So he has decided with his wife to come back to England with his children.

Hi
If they do return to the UK then it is likely that UK Social Services will be notified and will indeed impose similar restrictions whilst they undertake their own investigations
Claire
Customer: replied 4 years ago.


Hi Thankyou for your quick answer. My son married the 4 childrens mother 10 years ago and have always been very happy until the eldest daughter with bipola just out of the blue told her doctor this and she says it is only the once. This is just not so and owing to the fact that the 1st husband of this lady was accused of sexual intoferance with this child who is now 13yrs we think it is probably a flash back to this time. Also could you tell me would the children be taken from their mother in England if the case were taken on in England ??

Hi
If this happened in the UK then the children would have been left with mum provided that Dad agreed to live elsewhere whilst the matter was investigated
Claire
Clare and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.


Hi Thankyou so much for your quick replies. This is such an horrendous thing that has suddenly out of the blue happened to them. What I had not mentioned was that at the moment the children are with their grandfather as the mother is awaiting to hear as to the outcome of her case of not managing to protect her daughter. Will this make any difference. ?


 

Customer: replied 4 years ago.


Hi again,


I just thought i would let you know that all of this could take up to 18 monthsin America and they justwant their children back. Would it be quicker in England.

Customer: replied 4 years ago.

Hi,


I just wanted to let you know that neither parent has been officially charged with any crime as of yet it is still just pending. The problem is this could take up to 18 months for it to be heard in the juvenile court and wether or not my son moves out the mother cannot have the children until it has gone before the judge at juvenile court. This is just breaking their hearts. But the mother does still remain the legal guardian of the children. Please if you could let me know what you think I would be so grateful.

Hi
Will the father agree to the children moving to the UK?
Claire
Customer: replied 4 years ago.


The Biological Father has no right at all the mother only is the soul custodian of the children.

Hi
Not when it comes to moving Countries I am afraid - for that she would need either his agreement or a court order - otherwise the Courts can force her to return to the States
Claire
Customer: replied 4 years ago.

Do you mean that even if 10 years ago the court banned him from ever having any contact with his children (due to sexual interferance) and gave the mother soul custody ??

Hi
Yes I am afraid I do mean that - however the history should make it easy for the mother to get a Court Order once the current problems are resolved
Claire
Customer: replied 4 years ago.

On the divorce decree it says the mother has Soul physical and all legal rights to the children and childrens services are not able even to involve him in this present case because of this divorce decree judges ruling ?? So does this make any difference ??

HI
That may make a difference - but since US law is not my field I can say no more than May - however since the US Social Services are involved their permission would be needed
It is fair to say matters would be more swiftly resolved in the UK
Claire

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