divorced father wanting to move with daughter and ex-wife

[gthamk]

I am soon to be divorced from my wife who is a British Citizen, and we have a 3 year old daughter who holds a US and British passport. We had been married for 8 years and live in the United States. My wife (ex) has been living here for around 15 years and has a permanent resident card. We both want to raise our daughter in England and would like to move there in the next year.

While she could pick up and move back at anytime, I cannot. Is there anyway I can get approval to live in England based on my daughter holding a British passport? BTW, my (ex)wife does want me to move to England and help raise our daughter.

Thanks for any advice!!

[Lucapooka]

BTW, my (ex)wife does want me to move to England and help raise our daughter.

That is a shame, not only for the child, but also for the ease of the process. If your wife was being helpful all you wound need is a signed affidavit from her saying you have contact with the child to which she agrees and that it will continue.

As it stands, now you will have to go to court and get a contact order from a judge. This would be done while the child is living in the UK. Once you have a contact order, you may than apply for a visa that permits access to a child living in the UK.

Here's some light reading for you to brush up on. You'll likely need legal help with this but it need not cost and arm and a leg. Ask for recommendations from the forum on good, honest, affordable lawyers.


http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

http://www.ukba.homeoffice.gov.uk/sitec ... hp8-annex/

[gthamk]

Actually she does want me to move to England with her and is trying to find out how we can make this move as a family; just not married anymore.

Thanks for the information, that looks like what I need.

[asim72]

You may also want to explore other legal possiblities eg you wife unable to move your daughter out of usa without your express will, as you can then not freely go to UK to see your daughter. Something that will surely be there under US laws.

[cs95tdg]

BTW, my (ex)wife does want me to move to England and help raise our daughter.

From the original post what I understand is that the OP is not trying to stop his ex-wife from moving their daugher to the UK. He is trying to find a way to move along with them, with her cooperation. It's just that they will not be married. Looking at Lucapooka's response, I see that he now has the information he was after.