sis in law has taken my nephew out of county

[pmac]

Hi all, my sister in law has taken my nephew out of the country without my brother knowing,, they married last august and are going through a divorce, she has got a new boyfriend whom my nephew seems to be spending a lot of time with,, (my brother has no idea who he is?), my sister in law is like the secret service, she dosent tell anybody anything about anything, doesnt have many friends and a very small family.. she text my brother this morning, saying not to pick my nephew up this week as they are out of the country, my brother is upset that she didnt tell him. she dosent tell him anything, like if he is ill or anything to do with his schooling, he is on the birth certificate and have been married surely he has right to know his whereabouts & things about his daily life.etc..

[ummmm]

How old is your nephew?

[pmac]

3

[ummmm]

So he automatic perental rights. She shouldn't take him out the country without his knowledge. I can only suggest that he takes her to court to get a court order on visitation etc.

[pmac]

thanks, he does see the child on thursdays and sundays., my brother is tyring to be as amicable as possible, but she is making everything extremely difficult for him.. she should have discussed it with my brother before taking their son out of the country he is happy for him to go on holiday etc, but surely he should be aware of it..

[gina32]

married last august? you have to be married for 12 months before divorce can start

[sara3]

oh gina.. I was going to say that!

[pmac]

no you dont, not if it breaks down in the first 12 weeks..

[Ethel]

Are you sure about that? Are you in the UK?

[gina32]

http://www.direct.gov.uk/en/Parents/FamilyIssu esAndTheLaw/DG_4002976 if youre in the uk its 12 months as you will see here

[Ethel]

Yes, in the UK it is 12 months marriage before applying for divorce.

How old is the son?

[Ethel]

Sorry - he is three.

Your brother has equal parental responsibility and should give his consent for the child to be taken out of the country.

This doesn't apply is the mother has a Residency Order and the holiday is less than one month.

[pmac]

Sorry guys a year last august the wedding took place, but it failed 6 weeks later. I was under the impression if it failed within the first 3 months, there was some kind of law that it could be completed quicker?? .. my brother would be more than happy for him to have holidays etc, but she should at least have had the decency to let my brother know, like you say he is only 3., she didnt even tell him in person she text him..