How do i get my minor kids back from the UK ?

[kunwar]

My wife has filed for divorce and taken the minor kids from Bombay where we have always lived to her house in Bangalore. I have filed for custody but my wife left for UK on 6th August to her family home in Hounslow with 5 members of her family. She took my 2 kids away a few days before I got the Court Restraining order.

I had already made 2 police complaints in April and May that she would abscond to the UK. I had already corresponded with the British Deputy High Commission 4 emails in June not to give my wife a Visa, and told them to inform the other Visa Centres. They did not and my wife got a Visa from elsewhere, without my consent.

On 6th I faxed all details to the immigration, including a school letter that the children had missed 2 months of school and they would be removed from school. Her family was grilled at Heathrow, but then let off.

I can’t afford a lawyer in UK, but I’ll soon get my court restraining order in India. I wanted to keep my wife’s family on enquiry in UK or my kids will stay in London indefinitely, and come back only when I give in to my wife’s demands. Which departments can I send my faxes and mails too ? Can I get a specific office, or email, or name of any executive, social or political worker, immigration council, police, Embassy, Border Agency etc ?

[John]

She took my 2 kids away

No doubt it would also be true to say that she took her two children to the UK?

What is your wife's nationality?

[pennylessinindia]

My wife has filed for divorce and taken the minor kids from Bombay where we have always lived to her house in Bangalore. I have filed for custody but my wife left for UK on 6th August to her family home in Hounslow with 5 members of her family. She took my 2 kids away a few days before I got the Court Restraining order.

I can’t afford a lawyer in UK, but I’ll soon get my court restraining order in India. I wanted to keep my wife’s family on enquiry in UK or my kids will stay in London indefinitely, and come back only when I give in to my wife’s demands. Which departments can I send my faxes and mails too ? Can I get a specific office, or email, or name of any executive, social or political worker, immigration council, police, Embassy, Border Agency etc ?

Your other post seems to suggest that you just want to make it hard for wife you have not given any reason why you have tried to get a restraining order. If this is just a spat between two adults then it should be settled correctly for the children's sake. If this is a genuine case of abduction you may find the site http://www.reunite.org useful.

[kunwar]

To John and Pennyslavania, We are all Indians, the children belong to both of us, and in the event of litigation, all decicions have to be made by respecting each others concerns.

Its not a little spat, my kids have been taken away from me, and i need to find a way to get them back, in any way possible, just as she took them away, in any way which first suited her.

So do you have any other suggestions ? Ill go thru this site right now

[pennylessinindia]

Its not a little spat, my kids have been taken away from me, and i need to find a way to get them back, in any way possible, just as she took them away, in any way which first suited her.

With all due respect from what you have shown, you are acting in a very arrogant manner. The children are not yours, as if they are your property. Unless they are in great danger, which has not been shown, you will have to follow the due process. Put your anger into some positive action and remember it is the children's needs that should be paramount, not your need to possess your children.

[John]

I am not trying to belittle the situation, but as regards :-

They did not and my wife got a Visa from elsewhere, without my consent.

-: your wife clearly does not need your consent to get herself a visa. Also, given that she is the children's mother, she can obtain visas for them as well.

From your point of view, you need to obtain a Court Order, probably in India as well as in the UK, but I would expect your wife to fight any such application, particularly before the UK Court.

In the absence of a Court Order, which she then ignores, she has done nothing wrong, so why would any Government agency in the UK, Police etc, take any notice of any "complaint" you make? There is no reason for them to do so.

Until there is a Court Order, this is just a disagreement between parents about where the children should be at this moment in time.

How old are the children?

[kunwar]

Both Pennylessinindia and John have spoken about a due process or a Court order. Perhaps you both did not read my first post where I wrote that I would soon get a valid court order. ( I add - probably by Friday ) The reason for the delay was that I filed in Bangalore, as the kids were grabbed and taken to Bangalore.

The Bangalore Judge stated that there was a conflict of jurisdiction between the Bangalore and the Bombay Courts, but now that they have passed the Jurisdication to Bombay, the Bombay court will certainly give a restraining order. When my wife heard that, she quickly slipped out of the country.

I fully understand that no authority in the UK would entertain any complaint by me unless there was a court order, but my original question was based on the fact that I know that I’m getting my court order by Friday, and I want to get my facts and data ready, that as soon as I get the order, I will know where to take it too.

The kids, 2 girls, are 8 and 12 years old. I hope I’m clear now. So, now, do you both, or anybody else reading this thread have any advice to give me ?

[John]

I suspect that by itself an Indian Court Order may not be much help in the UK. At the very least you would need to take enforcement action in a UK Court. And your wife could well fight that attempt in the UK Court.

You really do need advice from a UK Family Law Solicitor.

[kunwar]

John, Im somewhat aware that all legal steps take time. My wife does not mind the passage of time as she has the kids. So i have to nuetralize that by putting pressure on her by having regular enquiries on her, and her family who are aiding and abetting her.

I am mailing all this to an online lawyer in London. Hopefully ill get some opening somewhere.