Children - Dual Citizenship

[MrThomas]

Hi all,

I’m seeking advice regarding my ex-wife trying to make my boys Canadian citizens.

I am their father, named on the birth certificate and they were both born in England as was I. My ex-wife is Canadian and has indefinite leave to remain. Both my boys have UK passports (that she has in her possession) but she is going ahead with submitting an application for my boys to have Canadian passports and therefore citizenship. We share the boys 50/50.

She has been living in the UK for 15 years, and she has a full-time job and a house here so I’m not too concerned that she’s planning to take the boys to live in Canada but I could not totally rule it out.

The UK allows dual nationality so I've tried to look up what it means if she gets them granted to be Canadian citizens but I've not come across much information and it does make me extremely anxious. My ex-wife was/is very controlling and will happily use the boys as weapons so I have very little trust when it comes to her and anything she says.

Does anyone have any experience with their ex being of a different nationality and them applying for dual nationality for the children? Or, does anyone have any advice on the above, what the risks are?

Thank you.

 

[Ash]

Are there any court orders in place? ie is the 50/50 informal or court ordered? If there's a Child Arrangements order in place, she should apply for a specific issues order to have the dual citizenship and the court decide (and add any amendments necessary to the order to ensure the boys can't leave the country). Alternatively you could apply for a prohibited steps order which prevents them from being moved to another country without court permission. And at the same time they would probably give her permission to do the dual nationality, but also prohibit her moving them out of the country.

 

[blindex]

Hi all,

I’m seeking advice regarding my ex-wife trying to make my boys Canadian citizens.

I am their father, named on the birth certificate and they were both born in England as was I. My ex-wife is Canadian and has indefinite leave to remain. Both my boys have UK passports (that she has in her possession) but she is going ahead with submitting an application for my boys to have Canadian passports and therefore citizenship. We share the boys 50/50.

She has been living in the UK for 15 years, and she has a full-time job and a house here so I’m not too concerned that she’s planning to take the boys to live in Canada but I could not totally rule it out.

The UK allows dual nationality so I've tried to look up what it means if she gets them granted to be Canadian citizens but I've not come across much information and it does make me extremely anxious. My ex-wife was/is very controlling and will happily use the boys as weapons so I have very little trust when it comes to her and anything she says.

Does anyone have any experience with their ex being of a different nationality and them applying for dual nationality for the children? Or, does anyone have any advice on the above, what the risks are?

Thank you.

I'm not sure about family law, and whether you can prevent your ex obtaining dual citizenship for the children, as this is ultimately a right of the children...

Regardless of citizenship arrangements, when a child is abducted what matters is whether the country they've been taken is a signatory to the Hague Convention on Child Abduction, which I believe is the case of Canada.

HCCH | #28 - Full text

Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

www.hcch.net

I would also suggest that you reach out to Reunite for advice (https://www.reunite.org/), they are a charity that focuses on child abduction.

If you suspect that the children are going to be abducted you can obtain an urgent hearing for a prohibit steps order for their passports to be apprehended by the Police and a port alert to be put in place. I did this against my ex. The hearing can be granted ex-parte, which means it goes ahead even if your ex is unable to attend.

You do need of course need to present a strong rationale for your actions, not just a suspicion or a hunch

 

[MrThomas]

Hi Ash - no court orders in place, we agreed 50/50 at our only mediation sitting and then through solicitors. Deciding on the 50/50 was quick and straightforward, it was the finances that prolonged our settlement discussions.

She has given me the Canadian passport applications as they require my signature and if there were no risks I'd happily sign them as I'm sure it could ultimately be a benefit to them. But it's the risk of them being taken and by me signing the forms I'm making it easier for her to do.

From what I've researched, as it stands, if she were to take them on a one-way trip to Canada it would be classed as abduction and they are one of the easier countries to work with to get the children back but I don't know how much them becoming Canadian citizens would change that. From a legal standpoint, they'd be classed as Canadian citizens as soon as they set foot in Canada with their Canadian mum so could it still be classed as abduction?

 

[Ash]

I would not sign them just yet. Do you have the 50/50 agreement recorded in writing?

Probably the best thing is to apply for a prohibited steps order, and at the same time, a Child Arrangements order to formalise the 50/50 shared care and "lives with both parents". You can say in your application that you are happy to agree to the children having dual citizenship providing there is something legal in place to ensure they cannot be removed from the Uk without court permission.

If your ex continues to agree to the 50/50 you could get the Child Arrangements order very quickly. However it will no doubt be seen as a hostile action by your ex, if you apply for a prohibited steps order. But I can't see any other way round it tbh. Because she wants the dual citizenship. You could just refuse to sign the papers - then she might apply to court for a specific issues order for the dual citizenship - but it would be the same thing really and she still wouldn't be happy that you refused to sign.

But I would not sign it because she could just go for Christmas and not come back. As you say you don't think she will but the court would understand there is a risk.

 

[MrThomas]

Thank you for the reply Blindex, I'll have a read through the Reunite website.

@Ash I believe the 50/50 is in writing somewhere but I'd have to check all the letters/court docs to be sure. I think it was on the financial settlement it states that the children live 50% at mine and 50% at hers.

I've read the Canadian passport application form she's given me and the declaration says "I solemnly declare that my child named is a Canadian citizen...." but they're not so on that basis I cannot sign.... unless she went ahead and got them Citizenship without my consent, would you know if that's possible?

 

[blindex]

Hi Ash - no court orders in place, we agreed 50/50 at our only mediation sitting and then through solicitors. Deciding on the 50/50 was quick and straightforward, it was the finances that prolonged our settlement discussions.

She has given me the Canadian passport applications as they require my signature and if there were no risks I'd happily sign them as I'm sure it could ultimately be a benefit to them. But it's the risk of them being taken and by me signing the forms I'm making it easier for her to do.

From what I've researched, as it stands, if she were to take them on a one-way trip to Canada it would be classed as abduction and they are one of the easier countries to work with to get the children back but I don't know how much them becoming Canadian citizens would change that. From a legal standpoint, they'd be classed as Canadian citizens as soon as they set foot in Canada with their Canadian mum so could it still be classed as abduction?

If you formalise your arrangements through a Child Arrangements Order, the order automatically formalises the need for one of the parties to seek consent from the other party to remove the child from the country for a period longer than one month (if you both have a 'lives with' order), otherwise this is deemed a criminal offence.

Usually an order preventing one party from removing the children from the jurisdiction is granted whilst you have an on-going Child Arrangements Order running through the courts. Once the CAO kicks in, i.e. a final order is issued, the above clause is enshrined in the order

 

[Ash]

So you need a court order.

 

[blindex]

So you need a court order.

Yes, I believe you can obtain a 'child arrangements order that has been reached by consent' which is a way to make the agreement legally binding and keep things friendly between the parties

 

[Resolute]

If there is agreement in principle on the child arrangements, I suggest your priority should be to get a consent order done as quickly as possible. Outline on how to do this is in the link below.

It is possible that the willingness to do 50/50 re. the kids is just hot air. If this is the case, better to find out sooner rather than later.

You could say that you are happy to have you signing the canadian passport application as a provision in the CAO by consent, i.e. once that order is ratified by the court you are obliged to sign.

In short, secure your ground before you start giving any to your ex.

Are you following the 50/50 arrangement for the kids at present? I suggest you do and to a repeating schedule that shows a status quo is in place. Duplicitous means of sidelining the other parent are, shamefully, par for the course.

Consent Orders - childlawadvice.org.uk

This information page provides advice on the subject of 'consent orders' which are used in the family court as a means to formalise an agreement which has been reached. This page will explain in further detail what a consent order is, how to apply for a consent order and what to expect of the...

childlawadvice.org.uk

 

[MrThomas]

An update in case anyone is in a similar situation.

I have spoken to both Reunite and Child Law Advice and they have both given similar advice which helped put my mind at ease.

Without a court order, there wasn't much I could do to stop their mum from making my children dual nationals. As the children are habitually resident in England and have been all their life and the intention is England is where they will live for the foreseeable future, they are subject to English law. As she has made no attempt to discuss with me about moving the boys to Canada, if she were to just up and take them without my consent (as I have parental responsibility) then it would be a criminal offence under the Child Abduction Act 1984 and I would be able to utilise the Hague Convention.

Even if she took them as Canadian citizens to Canada on their Canadian passports with the intention of not returning, she would not have consent from me so it most likely would still amount to abduction.

It would be important that if she did move them to Canada without my permission and she started legal proceedings in Canada to have them remain that I do not engage with the Canadian courts. If I did then the jurisdiction would move to Canadian law making things a lot more difficult. If that happened, I would not respond without starting legal advice in the UK with a specialised solicitor.

When she does go abroad I would still provide a letter stating I give consent but to be clear on the leaving and return dates. If she was going to Canada I would also state it is for holiday purposes and nothing more and that I do not give consent to her registering the boys with any Canadian schools, healthcare etc.

 

[Ash]

Glad you had some advice. Are you going to give consent to the dual nationality then? My thoughts are - this may still be a preamble to her deciding to relocate. Yes Canada is subject to The Hague convention and if she did move them abroad without your consent, moves could be made to return them - but - that could be difficult and time consuming and her argument could be - they are settled now.

If it was me I would feel more comfortable with a court order prohibiting her removing them from the country. Then if you had the slightest inkling it might happen, border control could be put in place to prevent the children leaving the U.K. If she wanted to go for a holiday and you didn’t agree to that location she would need to apply for a specific issues order for the holiday. And prove return tickets are booked. Trouble is she might want to go twice a year for holidays!

If you don’t give consent to the dual nationality she will likely have to apply for a specific issues order to determine that. And that would be an opportunity to apply for a prohibited steps order at the same time.

It’s a tricky situation as, although the law is in your side, if she did go for a holiday and not come back, it can be a very slow and expensive process to try and get them returned.

You’ve had good advice - I think I would also get some advice from a lawyer.