Thanks for your reply, i completely understand what you are saying about habitual residence, however my concern is about alleged retention, the HC says something about 12 months passing after the wronful removal OR retention, so what happens if my ex says he agreed for us to leave for 12 months or 15 etc? do i have to live in fear forever? i mean would another 12 months have to run from HIS story of saying "i agreed for a long vacation but not a permanent relocation"
I am so very confused and worrying constantly, and i have read of cases where people have relocated for 2 years or more and retained their previous habitual residence. Im not sure its as simple as saying if youve lived there 12 months youre habitually resident and all will be well.
Thanks again for your reply , its a relief to know there are people who understand the stress this situation brings.
worried
Desperation - Start Here
My husband and i split last year and agreed our child and i should live here, we have been here 8 months and he has regular contact but nothing formal.
He recently started saying that if i ever upset him he will take our child back and he can do this by saying that we came for a long holiday. can he do this? can he say im retaining when im not? is that all he has to do..say i dont agree anymore?
we were only there 6 months so our child has already lived most of life here since we split.
I spoke to reunite who said at 12 months we are habitually resident here but what if at 12 months, 15 months..whatever he says im retaining? this seems unfair and im so fed up of not being able to move on with our lives for fear of "upsetting" him.
Submitted by jen123 on Wed, 2008-01-30 06:38.
I know it is very stressful having to live with the uncertainty for a while. He may have already acquiesced but, in a couple of months you will have been here for 12 months and your child becomes habitually resident anyway.
Hope all goes well.