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Topic: International shared custody...  (Read 1404 times)

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  • Paul & Terri O'Neale
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International shared custody...
« on: November 20, 2008, 06:06:05 PM »
Reading about Madonna and Guy sharing their sons back and forth has me wondering...does the UK make any provision...visa wise...of shared custody? I mean it is quite possible that in the future (if we do not return to the US) that my son will go back to splitting his time more 50/50...as he did before we moved. In progressive states such as CA, it is very common...and if he had been older I would have tried for that ruling then. How would the UK manage such a thing? Would he have only the 6 months in a year visitor provision? Or could a child in such a situation be granted a dependent visa and still spend part of the time with the other parent in the US? I know that in the UK father's have much more limited chances of securing custody...and I know that there are rules different rules for the Madonna's but just wondering what is in the realm of possibility.
Terri P O'Neale


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Re: International shared custody...
« Reply #1 on: November 20, 2008, 06:24:36 PM »
Madonna's kids are duel nationals, so a bit different.

However, the answer to your question is no, the government do not make any provision for this.  There is a six month visit visa, or a multiple entry visit visa (which will only allow him to stay for 6 months in any 12 months).  There is no way he can get a settlement visa, as he is not going to settle.

The alternative would be for you to bring him here for the majority of the time, and get a settlement visa, but this is very, very difficult, as you would need to show that you have sole parental responsibility.

Vicky


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Re: International shared custody...
« Reply #2 on: November 20, 2008, 06:48:27 PM »
Petty...because while by no means a majority, there is a growing number of liberal US states which believe in shared custody arrangements. I suppose it highlights the fact that immigration policies (and not just UK ones either) continue to lag far behind the realities of the small world created by the Internet.
Terri P O'Neale


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Re: International shared custody...
« Reply #3 on: November 20, 2008, 09:55:48 PM »
Couldn't agree more.


Vicky


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Re: International shared custody...
« Reply #4 on: November 20, 2008, 11:35:34 PM »
Madonna's kids are duel nationals, so a bit different.

Vicky

Lourdes has duel citizenship?...Guy isn't her dad. Did he adopt her? I thought in order for a child to become a duel citizen one of the parents has to be from the UK. I can see Rocko & David because Rocko is Guy's biological son and David is adopted by both...

Or am I confusing/missing something? :-\\\\

Wherever you go, no matter what the weather, always bring your own sunshine.


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Re: International shared custody...
« Reply #5 on: November 21, 2008, 12:07:34 AM »
Lourdes has duel citizenship?...Guy isn't her dad. Did he adopt her? I thought in order for a child to become a duel citizen one of the parents has to be from the UK. I can see Rocko & David because Rocko is Guy's biological son and David is adopted by both...

Or am I confusing/missing something? :-\\\\

Lourdes wouldn't factor into the custody arrangement, so it's a non-issue. I assumed Vicky meant all of her kids with Guy Ritchie.


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Re: International shared custody...
« Reply #6 on: November 21, 2008, 12:48:01 AM »
 Aww man! Yet another thing to worry about. I have 4 kids other than the one I have with my hubby. I share custody of them, tho whoever they are with at the time is the parent with full legal custody (this was in our divorce agreement.)
 Are kids allowed to go to school while over on a 6 month visa? The plan with my ex was to have the kids for a school year and half the summer, then have them go to the other parent. Didn't want to move them during the school year because I know the systems are slightly different.
 We all just had to get involved with people from different countries, didn't we?  ::) jk. I love my husband, just don't like all the drama. Don't even want to think about how it will be if we ever decide to move back to the US.
~Ange
9/04 Met on-line
11/07 Married
12/3/08 FLR(M) APPROVED
Here on Leave to Remain. Will apply for UKC and get UK passport once I can swallow how much more money the UK Govt wants from me. Or when my US passport expires.


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Re: International shared custody...
« Reply #7 on: November 21, 2008, 05:08:45 AM »
Lourdes wouldn't factor into the custody arrangement, so it's a non-issue. I assumed Vicky meant all of her kids with Guy Ritchie.

Ohh right okie lol thanks

Wherever you go, no matter what the weather, always bring your own sunshine.


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Re: International shared custody...
« Reply #8 on: November 21, 2008, 09:21:37 AM »
Aww man! Yet another thing to worry about. I have 4 kids other than the one I have with my hubby. I share custody of them, tho whoever they are with at the time is the parent with full legal custody (this was in our divorce agreement.)
 Are kids allowed to go to school while over on a 6 month visa? The plan with my ex was to have the kids for a school year and half the summer, then have them go to the other parent. Didn't want to move them during the school year because I know the systems are slightly different.
 We all just had to get involved with people from different countries, didn't we?  ::) jk. I love my husband, just don't like all the drama. Don't even want to think about how it will be if we ever decide to move back to the US.
~Ange

So would you then have them for the school year and half the following summer? If you want specifics, please give a bit more details. I am one of the few on here with shared custody of a younger child. My former partner has our son during the school year. I have him anytime he is not in school. These days that works out to a 75/25 split...from the 50/50 we once had. But we have managed to make it work...in his best interest. If you aren't comfortable sharing personal details on the board, PM me. I have lots of hints for making it work when you are apart too.
Terri P O'Neale


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Re: International shared custody...
« Reply #9 on: November 21, 2008, 11:07:18 AM »
Lourdes has been living in the UK for eight years, so may well be a dual national by now.  I am surprised that Lourdes has not been part of the agreement - at least in terms of visitation - as he has been her dad for 8 of her 12 years.


Vicky


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Re: International shared custody...
« Reply #10 on: November 21, 2008, 11:20:44 AM »
I thought that odd as well. Although at 12, I suppose she is old enough to make choices. But it always bothers me when blended families break up and suddenly someone who has been 'daddy' just disappears...because DNA means they have no rights. Paul still receive Christmas cards at his parents from the now adult son of his 1st gf. It almost killed him when she broke up with him...because he lost a child he had raised since it was a baby...over 2 years.

I really hope that family court & immigration laws will catch up soon with the realities of what families look like in the real world.
Terri P O'Neale


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Re: International shared custody...
« Reply #11 on: November 21, 2008, 01:15:30 PM »
Lourdes has been living in the UK for eight years, so may well be a dual national by now.  I am surprised that Lourdes has not been part of the agreement - at least in terms of visitation - as he has been her dad for 8 of her 12 years.


Vicky

I don't know how it works here but when my ex and I divorced a little over 4 years ago the judge privately interviewed my daughter who was 15 at the time and confirmed that she wanted to live with me and asked her if she wanted her dad to have visitation rights. It was made quite clear to her by the judge that even if he did have visitation she was of an age that she could choose to not go visit him during any time allotted to him.


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Re: International shared custody...
« Reply #12 on: November 21, 2008, 02:37:34 PM »
Horrible...horrible thought...and god forbid...but imagine the mess of a Jolie-Pitt split. I thought my life and loves was soap opera fodder...but they would top us.
Terri P O'Neale


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