Family Law and moving country??

viccih

Hello all,

I'm hoping someone may be able to advise me on my predicament. I am an english citizen and have been living in Ireland now for just under 10 years, I have an 8 yr old child with an Irish man and our relationship dissolved 6 years ago. The father of my child does not talk to me under any circumstances ( always a solicitors letter ) we currently have an acce and maintenance agreement in place ( court ordered ) and he sought a guardianship order many years ago which was granted.
I have alway wanted to go home to my family in England and ask his permission every year and he refuses every year, I have no family here now no work and significantly reduced maintenance.
Many years ago I enquired with a solicitor about re-locating to england and setting in place a suitable visiting arrangement for my son to see his father nd I was advised this was impossible it was not in the best interest of the child and if I 'just took him home' I would be brought back and 'held up' on kidnapping charges???
I am desperate to know which road to take as such...
My son was born in this country and has an Irish birth certificate but he has an english pasport - i dont know if this is relevant or not.
I have been approved for social housing in the uk ( which I am not entitled to here) I currently survive on only my lone parents payment and sporadic maintenance payments.
In essence.... how do I get yself and my son home???

James Jones

viccih wrote: »

How do I get myself and my son home???

Sorry about your predicament but your solicitor was right. Check out the reasons why HERE.

viccih

Thanks James,

I cant open that link just says 'session failed' could you re-post the link?

Many thanks.

viccih

Sorry James have that link now.. very interesting.
I wonder how that would apply to northern Ireland?? Technically part of the uk however very easy to cross a border I fail to see how that can be 'monitored'. ( just as an out of interest remark as living in the north would be the same as the south for me.. hello rock welcome to hard place.):)

James Jones

viccih wrote: »

Sorry James have that link now.. very interesting.
I wonder how that would apply to northern Ireland?? Technically part of the uk however very easy to cross a border I fail to see how that can be 'monitored'. ( just as an out of interest remark as living in the north would be the same as the south for me.. hello rock welcome to hard place.):)

Regardless of the political persuasion of some, Northern Ireland is part of the United Kingdom. This isn't a technicality.
Section 16.—(1) of the Non-Fatal Offences Against the Person Act, 1997 (which applies to Abduction of child by parent, etc.) states that
"A person to whom this section applies shall be guilty of an offence, who takes, sends or keeps a child under the age of 16 years out of the State or causes a child under that age to be so taken, sent or kept—
(a) in defiance of a court order, or
(b) without the consent of each person who is a parent, or guardian or person to whom custody of the child has been granted by a court unless the consent of a court was obtained".

You are possibly considering moving to Northern Ireland to avail of social housing. Although practical, I don't think it could be allowed by the Court. However, your ex might be willing to allow you to do so but, unfortunately for you, that is up to him.

viccih

You are possibly considering moving to Northern Ireland to avail of social housing. Although practical, I don't think it could be allowed by the Court. However, your ex might be willing to allow you to do so but, unfortunately for you, that is up to him.[/QUOTE]

James, You are most helpful... many thanks.

It seems all doors are closed, so to speak, and shall come down to the decision of a judge at the end of the day - which I am not too hopeful as the father is adamant not to allow.

Anyhow, I appreciate you taking the time to reply to my thread with very useful information.
Many thanks.

vicci