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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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i think my children have been abducted the mother

by michelangelo / Posted 04/08/2010 / Updated 05/08/2010

i am born in Italy the children mother born in Ireland lived in UK for many year she is not working and in the social system i own my own company we separated for about 3 month with not intention of getting back together . one month ago her father died so she asked me permission to go to Ireland for her father funeral for one week i did of course agreed for one week the week passed and she called me say she was staying one more week and that was fine also .after this second week she did not came back and she did not call i called her and she was not answering her phone so i started to get worried one evening a friend of her came in my place and told me she was looking for a house in Ireland and she was not coming back, after several call she decided to answer the phone and i asked her what was going on ,then she told me she did not want to come back in UK
after talking for a while she made her mind up to come back and she booked a ticket , that what she told me but she did not came back when she said she would have. i called her and she told me that she made a mistake with the ticket and now she did not know when she was coming back, i told her that i was not agreeing to the fact of her bringing the children to live in Ireland because i want to be a father for my kids and i can not travel to Ireland every week to see my children for few hours i have a work to do 7 days a week in my own company then she told me she booked a ticket to come beak for following week i spoke with my 6 year old daughter and she was looking foreword to see me but still now she did not came.i spoke with her to day and she is not coming back , i know that i can get my children back to England where they are born with the help of the low ,but if i proceed with HC and they force the children beak to England where my child will go in my care or social system care?any one knows?


From Rebecca / Posted: 05/08/2010
Hi there, in your case the HC law is on your side and you have to act within 12 months to enforce it. Your children left the UK with your consent but only for a certain period of time and for the purposes of attending a funeral, so in this case the grounds are not of abduction but ´unlawful retention´. The court will order that the children are returned to their country of Habitual Residence, not to you. Usually, when these orders are made, the mothers will accompany their children back and she will live with the children in the UK and court proceedings for residency and contact etc will begin here. In the unlikely circumstances that your ex refuses to accompany the children back here, then the children will be returned to live with you, and your wife would remain in Ireland. If your wife fails to comply with the Return Order then a Collection Order will need to be issued and this authorises the authorities to travel to Ireland and remove your children (by force if necessary) from their mother and bring them back to you. Collection Orders are rarely applied for as most mothers do comply with Return Orders rather than be separated from their children, but as long as your children return to the UK, your wife can choose to live anywhere she wants here, so you could still end up with a long drive to see your kids regularly. My advice would be to try and avoid the HC altogether as it is very stressful for both parents. Try the Mediation Service that Reunite offer and see if a compromise can be reached this way for your wife to return here voluntarily.

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