[Oxford dad]

My step family, including my 12 year old stepson are moving to join me in the UK. Does the US relinquish jurisdiction for a US born minor child after they have been resident in the UK for one year?

[smoothy]

My step family, including my 12 year old stepson are moving to join me in the UK. Does the US relinquish jurisdiction for a US born minor child after they have been resident in the UK for one year?

No... not that I am aware of.

[ScottGem]

Jurisdiction for what?

[Oxford dad]

His father remains in the States and is insisting on his son flying back six times a year (every school break including 1 week holidays) and that we pay all fares. We find ourselves having to agree to these terms in order to get the boy here in time to start school on time. The boy himself only wants to travel two, or at most three, times a year.

Our hope is that after a period has elapsed (one year?) these conditions can be altered without having to go before a judge again.

[Fr_Chuck]

If this is a court ordered visits, then no, the child custody ( along with child support) is valid and remains so. He is still a US citizen and will have to be there on the proper visas, does not change.

And it is not the US, the father has rights, and they will be defined in the state family court ( not Federal court) But the US and the UK have treaties that protect the non custodial parents. If you do not abide by the court ordered visitation, he could file in that court to get custody taken from you and given to him. Or may just ask the court to order that the other parent be held in contempt of court.

[Oxford dad]

No.....not that I am aware of.

That's a shame.
The immigration laws are currently being tightened. I've been trying to understand how this relates to the length of time a minor needs to be in the country before achieving citizenship/resident status or whatever he'll need to remain if he wishes to.

[Oxford dad]

If this is a court ordered visits, then no, the child custody ( along with child support) is valid and remains so. He is still a US citizen and will have to be there on the proper visas, does not change.

And it is not the US, the father has rights, and they will be defined in the state family court ( not Federal court) But the US and the UK have treaties that protect the non custodial parents. If you do not abide by the court ordered visitation, he could file in that court to get custody taken from you and given to him. Or may just ask the court to order that the other parent be held in contempt of court.

Thank you - this is as I feared. The father (in the US) will only sign the boy's passport form when all the details are sorted out, by which time it may be too let to get his UK passport & visa and flight in time to start school here. Perhaps we would be unwise to be forced into accepting visiting rights which we (and the boy) do not want, merely because time is against us.

[smoothy]

That's a shame.
The immigration laws are currently being tightened. I've been trying to understand how this relates to the length of time a minor needs to be in the country before achieving citizenship/resident status or whatever he'll need to remain if he wishes to.

There is a very good reason for this.and it has to do with one parent that takes a child and runs to a foreign country to deny the other parent the rights they have with their own child.

I'm surprised they even allowed the child out of the US in the first place.

[ScottGem]

First how old is the child?

If there is currently court ordered visitation then you cannot move the child without court approval and, as noted cannot get a passport or UK visa without court/parental approval.

According to this site: UK Border Agency | Who can apply for British citizenship and other forms of British nationality?

The child will have to be 18 and living in the UK for 5 years before he can apply for British citizenship.

You don't say how much the father has been a part of the boy's life. But if they have been close, then I think its shame that you are removing the son from the father. So you see it works both ways. You decided to emigrate to the UK so you bear the brunt of the consequences of that decision. Blaming the father may not be the right way to look at things.

[ScottGem]

I'm surprised they even allowed the child out of the US in the first place.

The way I read it, the son is still in the US and his bio/legal father is withholding his permission for the move unless he gets the visitation he wants.

[smoothy]

The way I read it, the son is still in the US and his bio/legal father is withholding his permission for the move unless he gets the visitation he wants.

In their original post it isn't clear.. but in Post #4 it makes it appear the mother took and him the kid and moved to the UK (possibly without the fathers permission) and is upset the father insisted the stepfather ( the OP of this thread) send the child over several times a year and is giving excuses to deny the father his visitation rights... at least that's how I have read it. Perhaps if they can clarify so no doubt remains.

[Oxford dad]

There is a very good reason for this.and it has to do with one parent that takes a child and runs to a foriegn country to deny the other parent the rights they have with their own child.

I'm surprised they even allowed the child out of the US in the first place.

Yes, I'm aware of that, and it's a sensible law.
Actually the child is still in the US. His mother is still trying to move here with him. Our main problem is that the boy has stated that he WANTS to come here but his wishes are being ignored. With luck he will be allowed to express himself on record without either parent present to exert influence.

[Oxford dad]

In their original post it isn't clear..but in Post #4 it makes it appear the mother took the kid and moved to the UK and is upset the father insisted the stepfather send the child over several times a year and is giving excuses to deny the father his visitation rights.... at least thats how I have read it. Perhaps if they can clarify so no doubt remains.

For clarification: The boy and both his biological parents are still in Colorado.
A court date has yet to be agreed upon. The father has verbally agreed his son can come to the UK but the visitation details are the sticking point which we hope to resolve in court.

[smoothy]

How old is the child... Children for the most part don't have the right to make that choice because of parental influence that's usually common after a divorce, and the fact minors are swayed by getting what they want and not what's good for them. The court makes that decision... as well as visitation and support issues. Only after a certain age is the child's wishes even taken into consideration.

And this is FIRMLY in the jurisdiction of the US court system at this time being they here in the USA and US Citizens.

Thanks for the clarifications.

[Oxford dad]

How old is the child.....Children for the most part don't have the right to make that choice because of parental influence thats usually common after a divorce. The court makes that decision...as well as visitation and support issues.

He is 12 years old.

[ScottGem]

He is 12 years old.

Than makes it tough. At 12 his preferences will be given very little weight by the court. The mother is going to have to show that this move is in his best interests. And, as I said earlier, if the father has been an active participant in his life he can hold out for extended visitation.

Does he have visitation now? If so, what is the schedule?

[Fr_Chuck]

In many US courts 12 year old don't testify as to what they "want" although some courts do listen, but the courts don't have to do what the child asks,

And for the child to be listened to , there has to be a motion filed in court. So if the father in the US wants custody, he files for it and fights for it in court.

[Amyca19]

The father has already agreed to let the boy go. The mother has not abducted the boy. The State, and more specifically, the County, does have jurisdiction and final, legal say over what happens. Unless the parents are able to agree outside of court.

All of that said, the original question remains: will Colorado lose jurisdiction after a period? Will the mother and stepfather be able to request a change to parenting time under UK law?

[AK lawyer]

That's a shame.
The immigration laws are currently being tightened. I've been trying to understand how this relates to the length of time a minor needs to be in the country before achieving citizenship/resident status or whatever he'll need to remain if he wishes to.

Whether the boy can at some point become a British subject is an entirely different matter from the question of changing the custody & support order so as to allow him to travel outside of the U.S. This latter matter needs to be resolved in the state court.

Obviously, a 12 year old child will be excited about the prospect of living in a foreign country. As has been said, the weight that will be given to this preference is variable, depending on age and other circumstances.

[ScottGem]

The father has already agreed to let the boy go. The mother has not abducted the boy. The State, and more specifically, the County, does have jurisdiction and final, legal say over what happens. Unless the parents are able to agree outside of court.

All of that said, the original question remains: will Colorado lose jurisdiction after a period of time? Will the mother and stepfather be able to request a change to parenting time under UK law?

First, are you related to this situation?

But the question was answered. No, as long as the father remains in CO, CO will retain jurisdiction under US law. UK law will honor the US court orders. And since the child cannot become a UK citizen until he becomes 18, when the visitation order would end in any case, then they can't bypass US courts to get a change.