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Clare, Solicitor
Category: European Law
Satisfied Customers: 34105
Experience:  Attorney
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Hello my problem is that i have 2 children dutch nationals

Customer Question

Hello my problem is that i have 2 children dutch nationals who are now living in Suriname, I am British and and their mother is also a dutch national
The childrens mother and i are no longer together but i have a court order from the british courts to have the children in england for the summer.
However the childrens mother was arrested at Amsterdam airport for drugs trafficing on the 21 of may. although i have been able to contact the children occasionally during this period i have only found out about this in the last few days
I am now in suriname and am looking to take the children to the UK but i do not have their passports which i have been told by various people who were lookin after the children is with their mother in amsterdam
The problem is that these people are showing a great need to keep the children in Suriname whilst at the same time not giving them adequate care.
I am therefore worried that they have a more sinister motive for this as the childrens mother does not go to court until the 1st of August
My question is how can i get the children away from their control and either back to their mothers family in Amsterdam or with me to England
Submitted: 4 years ago.
Category: European Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first
What nationality are the children?
Customer: replied 4 years ago.

the children and their mother are dutch nationals and i am british

Expert:  Clare replied 4 years ago.
Have you asked the Dutch Embassy if they would issue emergency paperwork?
Customer: replied 4 years ago.

Yes i have but they say that i must have permission of the mother for the children to leave the country even though i have the british court order for the children to stay with me in the UK during the summer and then i must apply for passports with the mothers signature on the application

I am booked out of suriname on the morning of the 11th which leaves me with not enough time to get these permissions even if she would give them.

Also she is in prison in Holland and the children have no close family but me in the Suriname at this time

Expert:  Clare replied 4 years ago.
Although it is not their usual case the people most likely to be able to help you are the Charity Reunite ( who have experience is dealing with most countries in the world and may be able to assist you in securing temporary travel documentation
The only other option available to you is to make an application in Suriname for a Residence Order giving you the care of the children and then applying for UK passports for them
I hope that this is of assistance
Customer: replied 4 years ago.

  • Well say that they do not deal with this type of case and as i have said in my already tried , i have already contacted the Dutch foriegn office and the Dutch embassy in Suriname

  • Also the time frame required to make an application in Suriname for a Residence Order giving you the care of the children and then applying for UK passports for them is such as to make this not an option , also this would mean staying in Suriname as i would still need the mothers consent to move them to Europe

  • So what i am left with is to get the mothers family onside to get her to give her consent to remove the kids.

  • also if she is found guilty and inprisoned, I can then file for custody

Expert:  Clare replied 4 years ago.
I am sorry that you felt that my service was poor meaning that I get no credit for my time - but which is not necessary for a refund I was very aware that all I could offer was suggestions.
I assume that Reunite were not able to offer you the name of any family lawyers in Suriname - which is a shame as they usually do have a list of suitable family lawyers who can deal with emergencies - which your case clearly is
If you do go the residence route your application would be fully based on the fact that you would be returning to the UK so no other consent or order would be needed
I hope that matters resolve for you
Customer: replied 4 years ago.

Hello Claire

I am sorry about the rating i gave it was not a reflection on your advice but on the immediate use it was to me, i was hopeing that you would come up with something i had not considered.

Thankyou for your efforts

Kirwin Daniel

Expert:  Clare replied 4 years ago.
To be honest I would have loved to have done so
The only other outside possibility I can see is a direct appeal to the British Embassy for the issue of temporary travel documents on the basis that the children are entitled to UK citizenship and are covered by a UK court order - but I suspect that you have tried this already

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