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Ask A. Valcke Your Own Question
A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 740
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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I am a british exXXXXX XXXXXving abroad. My husband and i are both

Customer Question

I am a british exXXXXX XXXXXving abroad. My husband and i have recently separated we are both british, with british passports, we have 2 children. Can i leave the country we are living in (barbados) and return to the UK with the children? Thanks Sophie
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 5 years ago.
Thank you for your question.

Please may I ask if your husband is in agreement to the children returning to the UK?

I look forward to your response.

Customer: replied 5 years ago.
I'm not sure at this time. If he says no, can I legally take them?
Expert:  A. Valcke replied 5 years ago.
Under the law, there is generally a presumption that both married parents hold joint parental responsibility over the children.

Since you are separated, you are still considered as lawfully married and therefore your husband still holds joint parental responsibility. This is why he would need to consent to your children returning with you to the UK.

If he does agree, you would need to put this in writing and preferably sworn before a solicitor or commissioner for oaths.

In the event that your husband refuses to give his consent, you should be able to get permission from the courts in Barbados to return to the UK with your children. In the event you don't, you risk that your husband files a complaint of child abduction against you.

Your application would be for leave of the court to remove children from the jurisdiction and would need to be lodged before the Family Division of the High Court. The Court is located at the Hall of Justice, Whitepark Road in Bridgetown.

In case you need a lawyer in Barbados, you can try one of law firms listed on the HG legal directory:

I hope this answers your question. Please don't forget to click accept. Thanks in advance.

Expert:  A. Valcke replied 5 years ago.

I hope that my answer was useful to you.

If so, I'd be grateful if you could click accept. Otherwise the moneys you have already paid to Just Answer will be retained by them and I will not be compensated for my time.

I thank you in advance.