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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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My grandson, along with his two siblings, have been included

Customer Question

My grandson, along with his two siblings, have been included in a family visa which has just been awarded to his father, Mr.David Colley, of South Wales. They are due to fly out this week .
Sam, the eldest, has just taken an overdose and was taken to hospital yesterday.Fortunately, he has recovered and is now with his mother (who is divorced from Mr.David Colley).

He says that he wants to stay with his mother and does not wish to go to America ,that he never wanted to go to America and it was only the persuasiveness of his father which has managed to get this far. Without putting words in his mouth, it would appear that his father only met this lady on the internet and decided to marry here before he had met her-Sam naturally assumed that his father-who has not worked for 12 years and has lived on benefits for that period of time would never, ever be accepted by the American Republic under any circumstances.Too late, he discovered otherwise.
My question is;-as this appears to be a case of coersion, how does Sam`s mother stop his father from taking her children out of the UK?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Awan-Legal : Unless the father has a specific residence order from the court, he cannot take the children abroad without their mother's consent.
Awan-Legal : Please see the following link:
Awan-Legal :¶m=DG_192873&utn=da587417355f42ed89d9201206021519
Awan-Legal : For a definition of parental responsibility, please see the following:
Awan-Legal :
Awan-Legal : She should therefore explain to him that he cannot take the children without her consent and if he is still adamant/she is worried, she should apply to the court for an injunction/court order to stop him doing this as above.
Awan-Legal : Your local citizens advice bureau should be able to put her in touch with somebody who can help her with this.
Awan-Legal : I hope that helps.
Awan-Legal : Please rate my answer, thanks.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Expert:  Clare replied 5 years ago.
How old are the children and has your daughter co-operated with regard to the obtaining of the Visa's
Who have the children lived with until now
Customer: replied 5 years ago.

The husband has had custody for since the divorce-it was supposed to be shared, but like Polyanna, my daughter trusted her ex.The ages of the children are:-Sam,15

Josh.13,Bethany 12.

Expert:  Clare replied 5 years ago.
Has your daughter have given her agreement to the move - by signing any application forms for instance?
Do the two younger children wish to go?
Customer: replied 5 years ago.
at the moment,the court has already decided that the move should go ahead-what I am querying is that the situation has now changed with Sam doing an apparent volte-face.We will know tomorrow if the other two still feel the same.The court laid down some very heavy conditions before they would approve all children going to the USA,but that is not the point-what I am worried about is that they are due to fly out on THURSDAY 7th JUNE.
Expert:  Clare replied 5 years ago.
So there was a fully contested hearing and permission was given for him to take the children abroad.
When was the order made and was a CAFCASS report prepared?
Customer: replied 5 years ago.

I am a bit hazy about the actual date of the order, but I believe it was Feruary or March time. Yes, a full cafcass reprot was done and the chldren had their own legal representative too.

I am sorry, i am getting too tired to continue but I will be awake and able from 8-ish onwards tomorrow.

Expert:  Clare replied 5 years ago.
At 15 if Sam does not wish to go he cannot be forced to do so.
He can simply refuse to go.
The younger children are a different issue and at this stage it would be very difficult to stop a move which has been so thoroughly explored by the Court.
Your daughter could make an emergency application on Wednesday morning for an emergency prohibited steps order - but I am afraid it is unlikely that
it would be successful based on the account that you have given.

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