moving back to the uk with dcs from ROI

[leavesoon]

Hi I need urgent advice re: me returning to Uk. I am a British citizen,my stbx is Irish and I have lived in Ireland since 2002. My dcs were all born in ROI except the eldest.
We are not married and under Irish law I believe that he has know legal rights.
I am leaving him as he is emotionally abusive , a drug user and gambler. He will not consent to my leaving.
Does anyone know where I stand?

[irishtwit]

You will need his permission to return to the UK - there have been several cases in the past few years where mothers have had to return to Ireland with the children - the cases were couples who were not married, no guardianship etc, so if he applied to the courts you would have to return.

[leavesoon]

are you sure ? It seems crazy :(
have you any links to this info?

[irishtwit]

Here is a link to a case that was big at the time...

www.bandonsolicitors.com/publications/family.html

this might be of use....
www.mcsolicitors.ie/mcsolicitors/main/child_abduction.htm

At the moment he has no legal rights without guardianship, but if he can prove that he has been the father he can apply to have them returned, but if you split up and he gives permission for you to return to the UK it's ok.....

however there is also a case where I cant find the outcome of which might be relevant for you....

www.fathers.ie/Dont-Quit/News-Articles

If I was you I'd get in touch with www.oneparent.ie/ - they are very helpful....hope this helps, I know it's not what you want to hear but forewarned is forearmed etc...

[Wittsend13]

Yes you will need his permission. The Irish courts will force you back to Ireland. They are quite strict with it. If I were you, I'd see where you stand legally. Where in Ireland are you? I have the best solicitor going and he helped me with my case which was the opposite of yours.