Tunisian Law: Child / children / kids with a Tunisian husband or wife

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Ariel

Guest
I think the UK courts can request (maybe even order) Embassies of other countries in the UK not to issue passports without informing the other parent but, personally, I would not be reassured by that. The child's Tunisian passport can also be issued in Tunisia, so the UK courts could do nothing about passports being issued in another country. I presume photos would be needed, but not necessarily recent - if you had ones taken for a UK passport and he has some then they are likely to be accepted - the passport issuer wouldn't know how recent they were or not.
If your child's father has his name on your child's birth certificate then he has parental responsibility and you will not be able to change her name on the birth certificate without his consent. Even if you could, he could still get a Tunisian passport with the original birth certificate anyway. Cancelling sponsorship (I presume he does not yet have ILR) is probably not as easy as you would think once you have a child together - he might be able to apply to stay on the basis of his Human Rights to be in the same country as his child.
If you are in any doubt that he might try and take your child to Tunisia, and if you have reason to believe him untrustworthy then this is the frightening reality I'm afraid :(.
 
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NetNiet

Guest
Hi Annabelle,
I'm sorry for you that this is so stressfull, please be carefull and maybe you have think about anoher laywer because especially in situations with Tunisia, you need someone who knows about the Tunisian law.

Please keep asking here questions, because Tunisianbelle knows such a lot and I'm sure she can help you with all the information you need.

You can't get him stopped getting a Tunisian passport for her, he can do that without your knowledge.
 
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NetNiet

Guest
I think the UK courts can request (maybe even order) Embassies of other countries in the UK not to issue passports without informing the other parent but, personally, I would not be reassured by that.
No this is impossible that the UK court can request or order that for other Embassies of other countries in the UK.
Every Embassy in every country has only 1 law and that is the law from the country where they are the Embassy from.
Also the land / property where the Embassy stands, is land from the countrywhere they are the Embassy from!

So for excample the Tunisian Embassy in the UK.
When you enter the port from the Tunisian Embassy, you are at Tunisian land and only Tunisian law apply there.
 
A

Ariel

Guest
No this is impossible that the UK court can request or order that for other Embassies of other countries in the UK.
Every Embassy in every country has only 1 law and that is the law from the country where they are the Embassy from.
Also the land / property where the Embassy stands, is land from the countrywhere they are the Embassy from!

So for excample the Tunisian Embassy in the UK.
When you enter the port from the Tunisian Embassy, you are at Tunisian land and only Tunisian law apply there.
I think they can NetNiet (request at least) I have read it somewhere I'm sure - but, as I also said, it is a bit pointless as the Tunisian Embassy will always act for the Tunisian father :rolleyes:
 
A

Ariel

Guest
A UK court can order the surrender of a foreign passport if you know the other parent has one for the child, but I think that that would only be useful in a short-term, emergency situation as no doubt a replacement could be issued.
 
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annabella

Guest
Thanks for all the help, the more the better, and i do have strong reason and proof for that matter that the long term plan is to get my child back to tunisia without me!! But if anyone has any good news that would be more appreciated lol, sorry if dont laugh think i will cry x:(
 
A

Ariel

Guest
Thanks for all the help, the more the better, and i do have strong reason and proof for that matter that the long term plan is to get my child back to tunisia without me!! But if anyone has any good news that would be more appreciated lol, sorry if dont laugh think i will cry x:(
If you know that to be the plan Annabella, never ever let him unsupervised with your child, it really is not worth the heartache. If you are sure that he is planning that, then why are you so concerned about him and his family - they obviously don't give a toss about you!!!
 

Mona1

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Thanks for all the help, the more the better, and i do have strong reason and proof for that matter that the long term plan is to get my child back to tunisia without me!! But if anyone has any good news that would be more appreciated lol, sorry if dont laugh think i will cry x:(
My suggestion would be that you get yourself a lawyer who specialises in international family law rather than just "a solicitor". A normal solicitor will have no idea of what he is doing and could, totally inadvertently, give you incorrect information. Go to http://www.lawsociety.org.uk/home.law and you can search for solicitors who might be able to help.

My personal experience is to get the best possible, specialised help available that you can afford.
 
A

annabella

Guest
Oh believe me i have no intention of her being out of my site until she is 21 which is their legal age! if they want to see her they can meet somewhere in the middle like france or italy cos then they cant stop me going home with her. Unfort i am on legal aid as i dont work, i was in education last year until i had my daughter, and i dont want to leave her yet, in fact im going to find it pretty much impossible to leave her with this situation going on :(. There are some links on here and im going to do my best to sort something.

Im glad this was posted on here as i feel more knowledgable about the law regarding children and i can do more research, im a determined person who likes to get what i want, i know this cant always be possible but im going to give it a damn good try x
 

Tunisianbelle

'Don't call me Darling!' Mod
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if they want to see her they can meet somewhere in the middle like france or italy cos then they cant stop me going home with her.
Be careful with that also -- I was in contact with an American woman who took her kids to Spain to meet up with her ex-husband so he could see them. She thought it would be nice, safe, neutral territory. She was drugged and her son kidnapped from her and brought to Tunisia.
 

Tunisianbelle

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His family is well known and live not far from my city. The father actually kidnapped the son, but left the daughter. She wrote a bit about it on the other site, and then her and I got in contact with each other personally.

When it comes to children, unfortunately, you can never be too safe.
 

BrownGirl

Moderator And Queen of Summaries
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It's horrendous, so sorry for anyone going through this as I can't think of anything worse :(
You know I think this thread is one of the most important topics we have on here. Broken hearts can mend, money can be replaced but nothing can make up for having a child taken away or living with that fear.
 

marilyna

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It's horrendous, so sorry for anyone going through this as I can't think of anything worse :(
You know I think this thread is one of the most important topics we have on here. Broken hearts can mend, money can be replaced but nothing can make up for having a child taken away or living with that fear.
Yes, this is a serious matter, and women really need to be aware of the risks of returning to Tunisia with their kids when they have separated from their Tunisian partners. I can't imagine being in this situation, it would kill me.
 

Mona1

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it really is a mans world there .... i dont know how i would feel or even cope with that :(
Lou, it really isn't for everyone and I think that is why it is so important for the ladies to think very carefully about what they are doing on holiday and to take those rose tinted glasses off. Even if the Tune is in Europe, he is Tunisian and he will never be anything else. He can modify his behaviour and fit in to a certain extent but if it all hits the proverbial, he will be back in his Tunisian mentality which he knows and feels safe with. I believe you have to think as to whether you (general not you Lou) can live with that
 
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marylou

Guest
Lou, it really isn't for everyone and I think that is why it is so important for the ladies to think very carefully about what they are doing on holiday and to take those rose tinted glasses off. Even if the Tune is in Europe, he is Tunisian and he will never be anything else. He can modify his behaviour and fit in to a certain extent but if it all hits the proverbial, he will be back in his Tunisian mentality which he knows and feels safe with. I believe you have to think as to whether you (general not you Lou) can live with that
i agree with you there M
 

DragonZest

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I couldn't imagine having to live without my kids and to be honest, since finding out about this law I would have to say it would seriously put me off having a relationship with someone from a country that such a law exists as bad as it sounds :confused: Even if the man you meet is a genuinely nice guy (not a rat) things can always go ugly when it comes to divorce and sometimes an ex spouse can and will go down this route just to spite the other....

Annabella, unfortunately there is not a 100% safe guard to stop your ex from doing this, the only thing you can do is take preventative measures to protect you and your daughter. Perhaps going through solicitors and arranging contact between him and your daughter under supervision in a family centre is one way that he can be in her life and for her to know him without him being able to just walk out with her would be a good idea. I understand that she is very young just now but when she goes to nursery/childminders/school explain the situation, set up a password with them so no one can take your daughter from there without giving the password or to call you if someone unexpected turns up to get her from these places as I think legally as her father they can't stop her going with him if he can prove he is her father.
 

Mona1

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I couldn't imagine having to live without my kids and to be honest, since finding out about this law I would have to say it would seriously put me off having a relationship with someone from a country that such a law exists as bad as it sounds :confused: Even if the man you meet is a genuinely nice guy (not a rat) things can always go ugly when it comes to divorce and sometimes an ex spouse can and will go down this route just to spite the other....

Annabella, unfortunately there is not a 100% safe guard to stop your ex from doing this, the only thing you can do is take preventative measures to protect you and your daughter. Perhaps going through solicitors and arranging contact between him and your daughter under supervision in a family centre is one way that he can be in her life and for her to know him without him being able to just walk out with her would be a good idea. I understand that she is very young just now but when she goes to nursery/childminders/school explain the situation, set up a password with them so no one can take your daughter from there without giving the password or to call you if someone unexpected turns up to get her from these places as I think legally as her father they can't stop her going with him if he can prove he is her father.
Excellent advice DZ .... kidnapping a child from the other parent is disgusting and the only loser is the child/children.
 
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