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Need some advise. Got my 6yrs old son leaving in Hungary. He was born in London but was never married to his mother. She planned to finish a 2 yrs course in Hungary and we plan for him to go over to help develop his hungarian within those years. I have been going over monthly to see them and they have been coming over during the holidays. All was good until last summer out of the blue she stopped me from seeing him and called the police on me in Hungary saying she has filed for custody and I want to run away with my son. Did not get to see him for 7 months and have find to a lawyer in Hungary to go to court. I was granted the rights to see him and I have also been granted the rights to bring him over to London for the Easter holidays whiles the case is still ongoing.
Is there anything I can do whiles he is London with regards to custody. All advises will be gladly appreciated
Hi and welcome to the forum
I'll ask the CCLC to pop on and see if there's anything you can do - I presume you are looking at legally keeping your son in this country. Bear in mind that if you start any proceedings, your ex may make it very difficult for you to get your son over here again, so you have to be careful how you proceed.
Hi slyzak,
I would say that you need to be very careful how this could be perceived. Please bear in mind that she has stopped contact under the "allegation" that you are going to abduct your Son when he comes to London. And in your post you have said you want to know what you can do regarding Custody when he comes to London. One could surmise.
As actd has said.
I'm very reluctant to give any advice on this one i'm afraid.
Dear Slyzak,
Thank you for your query.
At this point in time the court order in place for the contact and other matters, made in Hungary, is legally binding. Therefore there is the potential that by not returning your son to Hungary you would be in breach of this order and mum could apply for enforcement through the Hungarian courts. Because your son has been living over there for some time (your message suggests several years), your son would be considered to be resident in the Hungarian courts and therefore this matter is ordinarily to be dealt with through the Hungarian courts. The fact that the matter is ongoing in the Hungarian courts means that they have jurisdiction.
It would be advisable to contact an English family solicitor to discuss whether there is any way that this matter can be transferred to the English courts.
We must advise you that Hungary is party to the Hague Convention; this is an legally binding convention which applies in relation to child abduction and potentially mum could start court proceedings in the Hungarian courts in this regard.
We hope this information has been of use to you.
Should you have further queries please do contact one of our child law advisors via our webchat service on our website www.childrenslegalcentre.com between the hours of 9am and 6pm.
Yours faithfully
The Coram Childrens Legal Centre
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