mgf1953 Posted December 4, 2010 Share Posted December 4, 2010 Hi all. I am posting here for the first time. I have a very good freind who is having her life made hell by her rich ex and I need some advice about her situation, She was given full custody in 2003 and returned to peru. Then because he pestered her she came back. She does not live with him and he has been paying her expenses and also monthly amounts to Peru for my freinds older daughters. Now as he is retiring he has changed all his plans, he is going to cut the amounts he sends to peru, he is cutting her weekly amount she gets from him, he has stolen both her passport and that of their daughterds and wont give them back. My freind ran away twice and was caught in Ecuador, she won both cases and was awarded full custody and left the UK. My questions are: Is that full custody that was awarded to her still valid, could she suddenly get up and leave? How can she force him to return both passports, sureley its breaking the law to hold these? My freind is a warm and loving person who misses her family and her daughter also misses her sisters in peru, she made a mistake and because of the financial temptation she came back. He promised her everything. They made no financial settlement she just wanted to get home. I am sorry the explanation is a bit mixed. Link to comment Share on other sites More sharing options...
andyofborg Posted December 4, 2010 Share Posted December 4, 2010 Unless the custody order is varied by the court it will remain valid if he has taken the passport then she should report it to the police, they may be unwilling to get involved because its a "domestic" but the theft of a passport is a serious thing so she needs to be persistent. It may also be worth her talking to her embassy/consulate they may be able to provide some encouragement to the police to act. Link to comment Share on other sites More sharing options...
ricgem2002 Posted December 4, 2010 Share Posted December 4, 2010 cant she just phone the police and tell them he s stolen the passports .then what she should do is apply for replacemts passports wait until they come through then leave on the next available plane?if she is also a good friend as you say cant you lend her the money to pay for the tickets and she can refund you when she gets back Link to comment Share on other sites More sharing options...
mgf1953 Posted December 4, 2010 Author Share Posted December 4, 2010 Thanks for response. Its a bit more complicated. Yes is wealthy earning 12k a month. She is very warm and calm person but he is wearing her down. She is torn between leaving, uprooting her daughter who is doing very well at school and the fact that he seems to want to make her life hell She ran away twice before because of his control of everything, then she was caught in Ecudor and handcuffed and brought back. She won both courts and left for Peru. She wants her pasport back but he wont give hers back unless she gives him the daughters second passport back which he wants so she cant leave again. Yes I can pay for her and send her money to live on in peru. However we need to be careful we dont want to do anything that could cause him to try again at the courts. he did appeal at the time but he was refused due to his behavior. But this man is rich and will do everything. I have suggested she applies for another passport but keeps the preassure on him to think she doesnt have a passport then at the right time leave for good. I hate seeing people being treated in this way. Link to comment Share on other sites More sharing options...
alternageek Posted December 4, 2010 Share Posted December 4, 2010 She also needs to make sure in her custody agreement she was allowed to leave with the child and return home. If so, she is protected by Hague Convention: http://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction Definitely have her talk to her local embassy (both UK & Peru - shes entitled to use the UK because her daughter is a British citizen) about her rights and her childs rights. Also report to them that her and her childs passport has been stolen Link to comment Share on other sites More sharing options...
Bloomdido Posted December 4, 2010 Share Posted December 4, 2010 West Sussex meets Peru. And the point is? Link to comment Share on other sites More sharing options...
andyofborg Posted December 4, 2010 Share Posted December 4, 2010 West Sussex meets Peru. And the point is? marmalade sandwiches are ace! Link to comment Share on other sites More sharing options...
rubydazzler Posted December 4, 2010 Share Posted December 4, 2010 If you live in W Sussex and she lives in Peru, why are you asking people in Sheffield for legal advice? You do realise that most of the people that post in response don't actually know what they're talking about, don't you? You'd be better consulting your local CAB, really! Link to comment Share on other sites More sharing options...
mgf1953 Posted December 5, 2010 Author Share Posted December 5, 2010 Thank you to those who responded and are interested in advising me on this in a serios way and to those who arent stop wasting yours and my time. RUBY DAZZLER -Your wrong and your coments are not helpful, does it really matter where I live in this digital world? If you had read my thread you would of been able to work out that we all live in the UK. I think your negative reaction is not what the spirit of a forum like this needs, if you aint got anything to say which helps perhaps you shouldnt respond!! ALTERNAGEEK Thanks for your reply.This is a good point. Her custody documents state very clearly at the time in 2003 that she had leave to return to Peru with her daughter, he tried to appeal but the judge threw it out. I suppose what I am worried about is since she came back on her own free will but now things are going wrong again does her then custody document still have the same power? I mean she has settled here and goes to school and is doing very well wil those facts make a difference to the original custody document and its powers. many thanks to those who seek to help me. Link to comment Share on other sites More sharing options...
upinwath Posted December 5, 2010 Share Posted December 5, 2010 Unless the custody order is varied by the court it will remain valid if he has taken the passport then she should report it to the police, they may be unwilling to get involved because its a "domestic" but the theft of a passport is a serious thing so she needs to be persistent. It may also be worth her talking to her embassy/consulate they may be able to provide some encouragement to the police to act. Passports are the property of the issuing authority and only for use by the person they are intended for. A passport theft is serious and should be reported as soon as possible to the police using the non emergency number. Taking and refusing to return a passport is theft. The police should act. Assuming there is nothing in the court order forbidding the lady to travel, no reason why she should not. If the passport is unrecoverable, the issuing authority will reissue and cancel the old one. Link to comment Share on other sites More sharing options...
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