Can anyone help? I'm a dual UK/US citizen, who has lived here in England for most of my life. I went through quite a messy divorce in 2001 after my husband went to live with his mistress and her children. The financial side wasnt completed until late 2005 as He refused to co-operate with the divorce and financial arrangements. My solicitor literally had to keep going back to the courts, every time I had completed another stage of the process. The statement of arrangements for the children was granted in my favour at the same time. My kids and I were considering moving to the States at some point to start a new life after the turmoil. As I was married to my ex when my youngest son was born, I'm concerned that he wont be granted citizenship without his Dad's permission, I doubt he would give it anyway! We havent seen him in over 2 years. This has got me thinking exactly what this statement means to me legally and what I can and can't do?
As far as I am aware the statement of arrangements does not mean as much as you seem to think it does.
It is more a practical statement of the living / schooling arrangements for the kids at the time of the divorce.
The more formal court orders related to children are the Residency Order which states who they will live with, who will be their main carer, and the Contact Order which determines how much contact the non-resident parent is granted.
It seems in your case there was not much of a fight over who the kids lived with or how often he saw them, so neither of these orders exist.
Therefore the fallback situation is that you both still have Parental Responsibility for the children.
This in effect means that to remove the children from this country permanently you need to get his permission, or go to court to get approval from the court.
Thanks very much. I think the sticking point for us at present is getting the dual nationality sorted out so that we could eventually move. I dont think I will be unable to do that without dad's permission. I'm not really sure where I can get further advice about this matter. Would anyone have any suggestions?