Eea wife threatened to take son to her country,pls help!

[omonile]

Hi all,I have been married to an eea national for over 3years and she will acquire Permanent Residency in few months.However, in the last few weeks she's been threatening to move back to her country with our child.It worries me, and I am confused. I need advice on what to do,to counter her threat.All suggestions wil be taken seriously pls.Thanks

[noajthan]

Hi all,I have been married to an eea national for over 3years and she will acquire Permanent Residency in few months.However, in the last few weeks she's been threatening to move back to her country with our child.It worries me, and I am confused. I need advice on what to do,to counter her threat.All suggestions wil be taken seriously pls.Thanks

What is nationality & immigration status of child?
Where is child now?

Suggest start here:
http://europa.eu/youreurope/citizens/fa ... dex_en.htm

Also suggest seek legal advice, counselling & etc asap.

[omonile]

Thanks noajthan. My child is still in uk but My wife is from Poland and she said she would obtain travel document for my child from Polish embassy.I dnt want to be too cautious in dealing with hence this plea. I am wandering if they would allow her to take him away at the port without my consent as I have my name on the birth certificate. The link you attached was very helpful.

[ally007]

If you are married to her and your name is on the birth certificate, She will surely come back to you asking you to sign a document confirming your approval to get the passport for your son. If you refused to sign it, polish embassy will not issue the passport to your son and even if she apply for a polish nationality for your son in Poland, they will still ask you to sign for it. I am married to Polish national as well and that is what happened when we wanted to apply for temporary polish passport for my daughter and same when we applied for polish nationality for her. Mind you she can go to Poland with that son without passport like the way you can go with her without a visa as family member. You need to be wise and stand on your feet by telling her that you both have same right on the child so she cannot take your son away from you that you will notify the authorities.

[noajthan]

Thanks noajthan. My child is still in uk but My wife is from Poland and she said she would obtain travel document for my child from Polish embassy.I dnt want to be too cautious in dealing with hence this plea. I am wandering if they would allow her to take him away at the port without my consent as I have my name on the birth certificate. The link you attached was very helpful.

Understood. It must be very difficult & upsetting.

Far be it from me to offer relationship advice but suggest you (both) need to seek support in that area.

On legal/family side you could start with Citizen's Advice Bureau:
https://www.citizensadvice.org.uk/

They offer free advice both online & in person; see if there is a branch/office near where you live.

[LilyLalilu]

If you are on the birth certificate you have parental responsibility and if she takes the child abroad without your consent this is classed as child abduction:
http://www.alternativefamilylaw.co.uk/e ... ildren.htm
https://www.gov.uk/parental-rights-resp ... onsibility
As suggested by other members, seek support and try and talk to your wife and work this out, maybe with the help of counselling to ensure the best interests of the child are considered at all times. Good luck!

[Obie]

You can approach the court for a prohibitive step order, if she is seeking to leave the jurisdiction with your child without your consent

[omonile]

Thanks Everyone for your wonderful and thoughtful advise and ideas on the best way to approach this very sensitive and delicate matter .I will approach it as advised but I hope I won"t leave it for too late.The other thing,i need to clarify is;do I need her help with my PR or ROR if I have proof of her acquisition of PR without PR certificate?(proof of excercising treaty right for 5 years).Thanks

[noajthan]

Thanks Everyone for your wonderful and thoughtful advise and ideas on the best way to approach this very sensitive and delicate matter .I will approach it as advised but I hope I won"t leave it for too late.The other thing,i need to clarify is;do I need her help with my PR or ROR if I have proof of her acquisition of PR without PR certificate?(proof of excercising treaty right for 5 years).Thanks

Yes it will help if spouse/sponsor is amenable to cooperate.

You will need id, proof of relationship & etc (as well as proof of sponsor's treaty rights/PR).

There are ways & means if sponsor is estranged &/or uncooperative such that evidence is not available.
However much more straightforward if documents are available.

Suggest start to collect & also scan/copy what you can.
(For some documents, eg marriage certificate, you may be able to arrange official copies).

Good luck.

[omonile]

Gentlemen and ladies of the house,would like to confirm from the house if this case is relevant to me. https://tribunalsdecisions.service.gov. ... c/37491.My wife will acquire Or in 2months.if we divorced as she's proposing afterwards, do I still need to provide anything except proof of her exercise of treaty right for 5years to retain my residency.thanks

[Casa]

Gentlemen and ladies of the house,would like to confirm from the house if this case is relevant to me. https://tribunalsdecisions.service.gov. ... c/37491.My wife will acquire Or in 2months.if we divorced as she's proposing afterwards, do I still need to provide anything except proof of her exercise of treaty right for 5years to retain my residency.thanks

This has absolutely nothing to do with the subject here and you've highjacked another member's thread. If you want a response, please post this in your own one.

[Obie]

I think this thread was created by omonile .

However I believe there is little that one can do.

[Casa]

I think this thread was created by omonile .

However I believe there is little that one can do.

Oh good grief omonile. My apologies...time for bed I think!

[omonile]

Apologies accepted Case!but I don't understand Obies statement if there is little anyone can do.I need help in clarifying my question. It's killing my soul.I would refresh I may have 5 years prove of her exercise of treaty right.and I am 100 percent sure,she would not assist me after divorce with any document. That was why I made reference to this case https://tribunalsdecisions.service.gov. ... 491.please Gurus help.Thanks

[ally007]

@Omonile, Why can't you try to sort things out with your mrs because I think are support will be useful. You can try to afford fight or argument with her and just turn to mumu until you achieve what you wanna achieve because HO are going funny this days and all they looking for is a simple excuses to turn people's down. Believe me, 90% relationship got their own K-legs . Think twice bro.

[noajthan]

Apologies accepted Case!but I don't understand Obies statement if there is little anyone can do.I need help in clarifying my question. It's killing my soul.I would refresh I may have 5 years prove of her exercise of treaty right.and I am 100 percent sure,she would not assist me after divorce with any document. That was why I made reference to this case https://tribunalsdecisions.service.gov. ... 491.please Gurus help.Thanks

If you are talking about provisions to obtain documents from an (ex-)wife in connection with RoR, there are ways & means:
eea-route-applications/eea-fm-applicati ... t#p1299616
- Section 40 of the UK Borders Act, 2007 comes to mind.

But I think your original question was more about securing custody of child &/or assuring appropriate controls over whereabouts & travel (wasn't it?).

[omonile]

@Omonile, Why can't you try to sort things out with your mrs because I think are support will be useful. You can try to afford fight or argument with her and just turn to mumu until you achieve what you wanna achieve because HO are going funny this days and all they looking for is a simple excuses to turn people's down. Believe me, 90% relationship got their own K-legs . Think twice bro.

Thanks ally007/noajthan,in fact I just can't sustain her financial demands and I am heavily indebted because of this but she do not care.Anytime I couldn't provide the money she ask for she would start threatening to take my son to Poland.But after the advise I got from here,I confronted her and made clear that I won't authorise her taking my son to her country hence she resorted to threat of divorce. She may have acquired Or and I have solid proof off her work history hence my question.
I just want clarity.

[noajthan]

Thanks ally007/noajthan,in fact I just can't sustain her financial demands and I am heavily indebted because of this but she do not care.Anytime I couldn't provide the money she ask for she would start threatening to take my son to Poland.But after the advise I got from here,I confronted her and made clear that I won't authorise her taking my son to her country hence she resorted to threat of divorce. She may have acquired Or and I have solid proof off her work history hence my question.
I just want clarity.

Most unfortunate.

Hope you are able to convince her your child is not a package to drag around Europe.
Anyway now you are more aware of rights that should not happen.

As explained there are ways to persuade HO to make appropriate enquiries to back your case.

Suggest you try to get hold of & secure any/all papers/documents (or at least scans/copies) that you can.

Good luck.

[Pesti]

Although this might have changed already, the general rule to obtain national ID for a child (when in Poland) required presence of just one parent and this document is enough to travel across EU. I'm not sure how this applies to the Polish consulates, you would need to explore this topic to be prepared that this route may be used against you.

[noajthan]

Suggest contact UK embassy, write and explain the situation.
Register your interest in the child and place on file your concerns as a parent.
Indicate your dis-agreement with any travel plans.

Embassy will at least be aware its not a straightforward case;
they will have your information in the system should a request for travel documents happen to be made by anyone in the future.