Looking for advice and help about UK child custody / visitation rights

[Kimberley]

Looking for advice and help about UK child custody / visitation rights

I have a male friend in Jamaica that married a women from the UK (they are not legally divorced). They got married in Jamaica. They had 2 sons together age 5 and 3 (she also had 2 older sons with another man).

The mother took the Jamaican sons to the UK 2 years ago and will not even let the father talk to them on the phone.

The mother gets money from the government (some type of welfare) that is enough money for her to live on. She does not want to work and is happy with the amount of money she gets from the government.

Does anyone know how the father can at the very least get some help on being able to talk with his sons?

The father would like to get visitation rights for the sons to be able/allowed to travel to visit him in Jamaica and get to spend time with the Jamaican family (Grandmother, Aunts, and Uncles, etc).

Ideally the father would love to have full time custody of his sons.

The mother beats her sons and is lying to them telling them that their father does not want to have anything to do with them. The father would give anything to have his sons talk/be/live with him.

I would like to help my friend get in contact with his sons. I do not even know where to start.

I appreciate any advice. thoughts, and suggestions you may have.

If you are not a member of the Avalon forum and have any suggestions for me please contact me via my work e-mail address. My work e-mail address is commonground@wzlx.com.

Thank you so very much!

Much love :grouphug:

[sirdipswitch]

I think I would start at the British Consulate, in Jamaca. With a bunch of money, you can fix anything. Does he have enough? Does he have any? The less he has, the tougher it will be. Does his family have enough to cover him? Will they? How far does he want to take it? It alll matters. Just the nature of this game we play. Good luck!!!

[Kimberley]

Unfortunately money is lacking as far as the father and the fathers family is concerned.

Thank you for the consulate suggestion.

[loungelizard]

Hello Kimberley - what a very sad situation.

Firstly, I'm not a lawyer, and I hope that someone on the forum is, and can give you more comprehensive advice. In the meantime, here is the little I think I know :o

Under UK law, a mother cannot block a father’s reasonable efforts to see their child unless they are afraid for the child’s safety - the legal rights are called "parental responsibility" and the courts are very keen that the rights of both parents are respected. But if you have parental responsibility for a child who doesn't live with you, I don't think you automatically have the legal right to have contact with them.

Parents can make a Parental Responsibility Agreement together, which is legally binding and registered with the Principal Registry of the Family Division.

If the parents can't agree to do this, and are not able to come to some kind of amicable arrangement, as a last resort, your friend can apply for a court order (which coasts around £200). This will set out the visitation arrangements
https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

There are quite a few sites that offer advice - here are a couple of links.

http://www.fathers-4-justice.org/ has a forum that might be of help
http://www.fnf.org.uk/ has a helpline and lots of online links to legal advice
http://www.separateddads.co.uk/howvisitationrightsworkforfathers.html
http://www.adviceguide.org.uk/wales/relationships_w/faq_index_family/faq_family_access_to_children_after_separation_not_married.htm

You say the mother is beating the children. If that is the case - and your friend needs to be sure of his facts as making such an accusation, particularly from a distance, is a serious matter - anonymous reports can be made to the relevant social services department who are then obliged to investigate.

[Kimberley]

loungelizard thank you very much!

This is a great place to start.

Do you know if he needs to go to the UK to apply for a court order?

Thank you!

[loungelizard]

Jamaica has a reciprocal arrangement with the UK for child maintenance orders, but I don't know about access orders.

Here's a link to the UK government website with information about how to go about applying for a court order (it is considered to be the final step, and there is always pressure to show that those in involved have tried mediation). Whether you have to be in the UK to do this, i don't know - maybe it's explained in the notes that are on this link.

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

[Billy]

Hi Kimberley, Either your friend or yourself could contact Belinda Mckenzie here. belinda@theknightfoundation.org.uk.

She would be able to advise you on the correct procedure. You can look at this post to see this is the sort of work she is involved with.
http://projectavalon.net/forum4/showthread.php?13836-Hollie-Greig-Story&p=838923&viewfull=1#post838923

Much love Billy.

[Kimberley]

WOW such fast great advice...thank you!!

Billy wow on the Jamaica connection and Belinda. I will contact her asap.

[Kimberley]

If anyone else has any suggestions I am grateful to hear from you! Thank you!