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Residency when father resident in non Hague covention country

(11 Posts)
Seventimesfive Thu 02-Jun-11 15:03:38

Hello all!
Can anyone help me with this one? My daughter is separated from her partner due to financial and emotional abuse. He is resident in UAE and she is concerned about him not returning my grandson who is nearly 8. He has been visiting previously but the relationship has deteriorated and she no longer trusts her ex partner to return him. She has also recently found out that my grandson has been slapped across the face by him on several occasions over the last few years. It is now going to court for residency and contact. My grandson does not want to live in Dubai. He wants to see his father but would prefer it to be in this country.
My daughter is going for sole residency, her ex partner wants shared residency. My grandson was born in this country and has lived here for 4 years solely with my daughter following the three of them returning from Australia..
UAE is a non Hague convention country. Would a UK court grant him joint residency in this case?
Also can this be heard in a local court or will it have to go to a London court?
I am supporting my daughter as much as I can but we are both unclear about the above and would welcome some advice.

sprinkles Wed 08-Jun-11 16:54:59

If your daughter could prove her child has been slapped then she could report this to the authorities here (i think SS) to get their support in getting a residential order. (I think) this is something that can be done locally but check at your local court.
Once a child is in a non hague convention country they can be lost. Some of these parents "disappear" with their children and there is no authority to try and find them. I'm on sites where these poor people are looking for their families many years later.
It is best to get a residential order asap as the father himself can apply for a passort for the child without the mother knowing. A RO ensures that it won't happen.

nanafrancis Wed 08-Jun-11 17:13:42

Who holds the child's passport? He can't travel without one, can he?

Report the slapping to the courts and get the court welfare involved. Hopefully the courts will listen to you and any welfare and keep your GS safe in the UK.

Seventimesfive Fri 10-Jun-11 14:00:11

Thanks for your advice and comments Sprinkles and Nanafrancis. My daughter was in court on Wed and her concerns were recognised and taken into account. CAFCASS (welfare) reports have now been asked for and he was refused leave to have my grandson overnight. I feel as if she is beginning to make some progress and that her voice, and my grandsons, are being heard at last. His passport is somewhere safe!

It a very worrying, frightening and lonely place to be as the situation is so complex and not many solicitors have the necessary experience. We have now found a good barrister who is dealing with it under Direct Access and are hoping that she gets sole residence and defined contact. It's biting into my old age savings, but worth every penny to safeguard my grandson. Thanks once again for your support, it's good to know there are people out there who care enough to reply.

sprinkles Fri 10-Jun-11 21:36:42

Dear Seventimesfive you must be going through a nightmare. These scenarios are things we never imagine could happen to our grandchildren but sadly is becoming too common these days.

I hope your daughter manages to get a residential order as without it (i think) the father can apply for another passport. Maybe it is a good idea to remind SS or lawyer about it.

Two of my grandchildren were abducted by their mother to an Emirates country last November but they are now back in Britain. A complete nightmare as the Dad and family had no hint that it was going to happen.
The trust has gone but we still have to support the mother as those little children deserve a loving family.

We have gone through all the scenarios in case it might happen again which is why I suggested a residential order.

Seventimesfive Sat 18-Jun-11 17:42:09

Thanks Sprinkles, in court again on 30th but I think that is just for an initial hearing for residency and possibly contact. I'll let you know how it goes.

Seventimesfive Wed 28-Sep-11 12:07:01

Nearly 3 months have gone by since I updated this. After several more court appearances , court reports and a new solicitor, my daughter has finally got sole residency until such time as the father becomes permanently resident in the UK.
This is a huge relief as you can imagine. Contact has now been set out clearly, the father's slapping of my grandson documented and his abuse of my daughter. I am so proud of my daughter for her courage and determination in pursuing this. She feels that she has done all she can to protect her son while still maintaining his links with his father and knows that if there are any problems in the future she can go back to court.

Thanks to those who have supported me here with your advice and good wishes and my thoughts and sympathy are with others who may be going through the same nightmare.

Granny23 Wed 28-Sep-11 12:18:07

Wondeful news 7x5. It is good to hear that sometimes the law supports natural justice. Best wishes to your brave family for a more relaxed and secure future.

glassortwo Wed 28-Sep-11 12:30:18

7x5 you must all be so relieved to have gained the residency order, congratulations.

Butternut Thu 29-Sep-11 14:43:44

I have just seen this thread and am so pleased your daughter has gained a Sole Residency Order, 7x5. I was going to suggest that this be an important step.
Until your sil gains permanent residency (and particularly if he does), I would suggest your daughter addresses, understands and is prepared for every option he may take in trying to gain some form of shared access. I hope you will understand when I say please remain very careful.
I am very pleased there is a good Barrister on the case.
I wish you all well.

Seventimesfive Thu 29-Sep-11 20:49:35

Thanks Butternut for your wise words. I am so delighted for my daughter but as she so rightly said "eyes wide open". She has had ten years of this man's lies and manipulations and does not believe that there will not be any more difficulties. It is a constant process of trying to keep one step ahead. However, she has put in all the safeguards she can, has been honest and will continue to be so and is well supported legally so we go forward from there. She is at last getting her life back and my grandson is a bright adorable little boy.
Many thanks for your good wishes.