Can you be stopped at the boarders of your own country if you took your Children out of the country without permission from their dad ?

Question

Things recently got so bad between my ex partner and I that I brought my Kids to stay at my sister's ( from the UK to Italy) just to take them out of it all....and because I needed a break from it too.

I knew in some cases you need a letter of permission from your Children's father, but as my ex and I don't have any official legal arrangement, everyone was saying to just risk it. I was fully prepared to be stopped either in the UK or here, but no one stopped us. I don't know if it was because we're still in the EU, or because I was travelling with my partner, or simply because they've been dealing with more important matters. Either way, we were lucky

We've been here for 10 days and we go back tomorrow, and I'm still a little worried. Is it still possible that they can stop me at the boarders of our own country, and what happens if I don't have this letter?
Or will it simply be that if they let us out OK, they'll let us back in OK?

Answer 1

I doubt you will be stopped unless your ex filed a complaint. You could even be eventually arrested in the UK for this so the longer you stay the more likely that is. However given the fact you are coming back it's not like they will refuse you. Particularly when you travel with someone that could be presumed the other parent the agents don't always ask. What you did was illegal and you ultimately risked losing complete custody of your kids. If I was your ex I would certainly try to use this against you, but hopefully for your sake he's ignorant of the situation.



To try to dispel any myths here. I HAVE PERSONALLY BEEN CHALLENGED WHEN EXITING THE USA WITHOUT THE OTHER PARENT. LUCKILY I HAD PAPERWORK. They don't always ask, but did about 80% of the time. They never asked when entering the USA.

Answer 2

Here is actual information from UK Immigrations:

https://www.gov.uk/permission-take-child-abroad

It would be up to you to figure out what applies.

If the father of these children has any authority over them at all, and you do not have a written arrangement, you could be stopped and charged with parental abduction. That could mean your losing custody and control of your own kids, so you should make sure this is all done on paper and signed accordingly.

The countries have agreements, so crossing over borders (sp) does not mean you have escaped. It may mean you have committed a crime that would defeat the purpose of putting distance between them. If he is abusive, go to court and get full custody.

Answer 3

Yes, you could. You could also be charged with kidnapping.

Now, this presupposes that the father objects ... if he doesn't mind, it shouldn't be a problem.

But if you have a different LAST NAME from your kids' last name (if you went back to your maiden name, or remarried), you could very well be taken as a kidnapper. So always, when there is a discrepancy in last names, have some documentation proving you are the parent and it is helpful if you also have a note from the other parent.

Answer 4

Unless he filed a kidnapping charge against you, nothing will happen when you come back

To,prevent any future issues though you should go to court to establish a formal custody and visitation agreement and make sure it includes a provision that you are allowed to take the kids to Italy to visit relatives

Answer 5

You can, and routinely are, stopped at the border of ANY country. Its called clearing customs. As for being detained, that depends on just about everything you didn't say.

Answer 6

If there is no court order pertaining to custody, you are fine. You can take them to Italy. But just as you can take them to Italy, he can come take them back to the UK. You seriously need to get a court order. As it stands, he can come take them and disappear. That's a nightmare you don't want to go through.

Answer 7

no, unless there is a warrant out for kidnapping. Your partner would have been smart to file charges, go to court and have the judge issue a warrant

Answer 8

Unless a court order says you needed his permission, you didn't.

Answer 9

No in the UK. My DIL takes our Grandchildren to Asia frequently. She is never asked for any parental permission

.American rules do not apply in the UK.

Answer 10

Yes you can be stopped. What you've done could be constituted as parental kidnapping.

Answer 11

why in the world would they stop you in another country? that makes no sense to me

Answer 12

Quick and easy yes. Provided your spouse is aware of your plan and disagrees.

Answer 13

I don't know