My ex has taken our son out of the country

KB15

My ex has taken our 3 year old son to live in the UK without my consent. I am named on the birth cert but we never married. She is from the UK and I am Irish, our son was born in Ireland. I would like my son to return to live in Ireland again. Has anyone been in this situation or can point me in the right direction as I really don't know what to do or how to do it. Did she need my consent or the consent of the court to remove him from the country?(as she had neither). And can I or the court force her to return to ireland with my son?
I am really grateful for any help,
KB

BroomBurner

If you were not married prior to your child's birth, then you are not a legal guardian and therefore, your consent was not necessary. In order to become a legal guardian, you will have to apply through the Courts for this to be granted. I would strongly suggest getting in touch with a solicitor about this.

Töpher

http://www.citizensinformation.ie/categories/birth-family-relationships/unmarried-couples/legal_guardianship_and_unmarried_couples

There's some useful information and facts here. As was previously advised, best talk to a solicitor - the sooner the better, you want it known that you opposed this from the outset (I know that goes without saying, but unless you make it known it could be argued otherwise in court). Good luck, .

Nevyn

KB15 wrote: »

Did she need my consent or the consent of the court to remove him from the country?(as she had neither).

She doesn't need your consent as she is the sole legal guardian of the child as you were not married and you did not undergo the process to become the legal guardian of the child.

KB15 wrote: »

And can I or the court force her to return to Ireland with my son?

You would have to start with getting legal guardianship and then start the legal process to try and force her to return, but even if you get such a court order serving it and enforcing it be carried out is very difficult.

http://www.citizensinformation.ie/categories/birth-family-relationships/unmarried-couples/legal_guardianship_and_unmarried_couples

http://www.treoir.ie/pdfs/access.pdf

http://www.treoir.ie/pdfs/fathers_rights.pdf

http://www.treoir.ie/

KB15

Thank you for all your advice, its been really helpful, could anyone tell me, if i aplied for guardianship, would the mother have to be notified that as was applying as i think she would try to appose it.

Nevyn

Usually you would approach her and then if she refuses then you go to court and yes the court have to inform her as she has to be part of the process and aware that it is happening as she is the sole legal guardian.

445279.ie

KB15 wrote: »

Thank you for all your advice, its been really helpful, could anyone tell me, if i aplied for guardianship, would the mother have to be notified that as was applying as i think she would try to appose it.

Yes she will have to be notified and appear in court to consent of oppose the application.

Do you have an address for her in the UK, cos if not, you're wasting your time and money going to a solicitor until you have one.

Klingon Hamlet

Contact the Child Abduction section of the Dept of Justice, Equality and Law Reform and apply under the Hague Convention for assistance in the UK in finding her and bringing er to court there, and evenutally here. I did so even though I didn't have guardianship. I had intended to apply for guardianship and this was seen as enough. It's a case by case basis but you've nothing to lose.

Here's the contact details:

01 479 0200
child_abduct_inbox@justice.ie

Make a 48 hour emergency application in the family court(mine's Dolphin House) giving her address or any relative's. The judge will forward it onto that address.

If she doesn't show the first or second time the judge may like in my case be satisfied that the court did everything to bring her in, and award you with what you seek. In my case I now have joint custody and joint guardianship.

Goto: www.usfi.ie for information on many fathers in our situation. It's a grim fact that there are over 43 cases of abduction currently in the process of going through court this very moment.

Parents need to cop on, big time. I wish you all the best. If I can be of any assistance, please PM me. Take care OK?

patoot

Hi KB15, just wondering if you could give me an update on your situation as I'm in a similar scenario?

January

No updates. Go seek legal advice if you are in the same situation.