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    18111980's Avatar
    18111980 Posts: 3, Reputation: 1
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    #1

    Nov 3, 2013, 12:04 PM
    Partner doesn't allow me to keep children
    I have 2 children and my partner does not allow me to keep the kids. He is British and I have the Leave to remain in the UK only for 2 years. And I want to go back in my country ,in here I don't have the right to benefits and to be a single mother with 2 young children is not gone be easy.. My question is.. What are my rights ?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Nov 3, 2013, 12:23 PM
    Is his name on their birth certificates?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 3, 2013, 12:34 PM
    By partner I assume you are not married. Marriage may let you remain in the UK.

    What do you mean by "keep the kids"? Do you not live together? Is he not allowing you to take them with you when you need to leave the UK? We need to understand the situation better to help.
    18111980's Avatar
    18111980 Posts: 3, Reputation: 1
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    #4

    Nov 3, 2013, 12:42 PM
    Quote Originally Posted by joypulv View Post
    Is his name on their birth certificates?
    Yes he is !

    Quote Originally Posted by ScottGem View Post
    By partner I assume you are not married. Marriage may let you remain in the UK.

    What do you mean by "keep the kids"? Do you not live together? Is he not allowing you to take them with you when you need to leave the UK? We need to understand the situation better to help.
    Yes we do live together and I want to go back home with the children and he is not letting me to do that .
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 3, 2013, 01:25 PM
    Quote Originally Posted by 18111980 View Post
    Yes we do live together and I want to go back home with the children and he is not letting me to do that .
    Ok, so its not that he won't let you keep the children, but that he won't let you take them from him out of the country. And I'm assuming that its not just for a visit but when your visa expires.

    Sorry, but he has equal rights to the children. Just as you think its unfair for him to keep you from them, he thinks its unfair for you to take them from him.

    Bottom line is you have to either go to court and prove that the children will be better off returning to your country with you. Not a good chance since I'm assuming they are British citizens. Or you find some way to stay in the UK (Marriage?)
    18111980's Avatar
    18111980 Posts: 3, Reputation: 1
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    #6

    Nov 3, 2013, 03:06 PM
    Quote Originally Posted by ScottGem View Post
    Ok, so its not that he won't let you keep the children, but that he won't let you take them from him out of the country. And I'm assuming that its not just for a visit but when your visa expires.

    Sorry, but he has equal rights to the children. Just as you think its unfair for him to keep you from them, he thinks its unfair for you to take them from him.

    Bottom line is you have to either go to court and prove that the children will be better off returning to your country with you. Not a good chance since I'm assuming they are British citizens. Or you find some way to stay in the UK (Marriage?)
    Thank you... I think we will go to the court and I can prove that he is not a good father and never did nothing for the children and my kids will be better without hem . If he will ever want to see the children I'm okay with that .
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Nov 3, 2013, 03:12 PM
    Quote Originally Posted by 18111980 View Post
    Thank you... I think we will go to the court and I can prove that he is not a good father and never did nothing for the children and my kids will be better without hem . If he will ever want to see the children I'm okay with that .
    He's not a good father but you are OK with him seeing them. Isn't that a contradiction?

    You say he never did anything for them, but helps provide a roof over their heads and food on the table.

    You will need a solicitor to prepare a case that the court will believe because your case is shaky so far. Add to that the fact that the children are British citizens and I think you will be fighting a losing proposition.
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