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

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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:(
 
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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!!!
 
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Mona1

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:(
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.
 
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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
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

'Don't call me Darling!' Mod
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
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.
 
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marilyna

Guest
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.
 
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Mona1

Guest
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
 
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DragonZest

Guest
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.
 
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Mona1

Guest
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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NetNiet

Guest
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.
Great post and very good advice DragonZest!!!

About the first part, Itotally agree with you, I think it's so good that you mentioned it because this subject is not only or specificly related to "rats". Like you say this is possible with genuine relationships aswell!!!
Look to relationships which are ending in our home countries between 2 persons, how many times doesn't it happen that the parents are "fighting" over the heads off the children???
So if that is happening between 2 persons not from the same country and 1 can take the child or children with him to Tunisia........
 

Tunisianbelle

'Don't call me Darling!' Mod
If I understand it right was the laywer company who did get 2 children back to their mother, Townsend, Tomaio & Newmark, L.L.C
http://www.ttnlaw.com/blog/2011/12/...ody-dispute-awaiting-divorce-proceeding.shtml

So maybe for persons who need help, they can be contacted, even if the mother is not from the USA, maybe this company did work together with Tunisian laywers who can be contacted.
I and some friends were very involved in this case behind the scenes. Not to say that these lawyers are bad, but they are taking more credit for what happened than (I think) they deserve.
 

Tunisianbelle

'Don't call me Darling!' Mod
Here is a story about a recent case in the UK, but I can't find more recent updates to establish whether the child was returned to the UK:

http://www.miltonkeynes.co.uk/news/local/mum-s-tears-at-court-victory-1-2342793
I haven't seen any updates, but if I'm correct, this is a ruling from the UK. And as all should know now, Tunisia won't necessarily abide by it even if the ruling is registered here in Tunisia. Why? Because Tunisian law differs from UK law and Tunisian courts will ALWAYS go by Tunisian law first. In fact, the only time thy will take into consideration a law from another country is if that law is in accordance to Tunisian law.

I have had legal proceedings done in the US, then to get them recognized here in Tunisia, which is NOT always as simple as registering the order. I've had to go back and get statements and basically redo process that were already considered closed by US law -- not always the easiest thing to do. However, without redoing all those, I couldn't get orders recognized here in Tunisia because the criteria for those certain orders were not met according to Tunisian law. Does that make sense?

I hope with my whole heart this mother got/gets her children back safely, however, unfortunately I don't see it happening without a long hard battle ahead. If anyone can find an update, please share.
 
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crazypink

Guest
There was a british mother on TV today (on this morning) and she was tricked by the ex husbands family (after he had been killed in an accident) They made her feel safe and built a relationship with her - then asked her to visit and sign some papers regarding land (they are a wealthy family) These papers were in Arabic and she felt pressured to sign. Once she had done this they boys uncle said "we tricked you - the boy is now ours!"

The boy has made short videos asking for help and saying he is unhappy (and put them on the net) The mother is asking for help from the prime minister. She was only married to this man for a short time (a matter of months) and they were civil because they loved their son. She had remarried and he was fine with that. The problems came after his death.

The family are from Qatar. Seems like the laws there are very similar to Tunisia. This may be a lesson for all who have children and how easily it can be done. Such a sad story.
 

BrownGirl

Moderator And Queen of Summaries
There was a british mother on TV today (on this morning) and she was tricked by the ex husbands family (after he had been killed in an accident) They made her feel safe and built a relationship with her - then asked her to visit and sign some papers regarding land (they are a wealthy family) These papers were in Arabic and she felt pressured to sign. Once she had done this they boys uncle said "we tricked you - the boy is now ours!"

The boy has made short videos asking for help and saying he is unhappy (and put them on the net) The mother is asking for help from the prime minister. She was only married to this man for a short time (a matter of months) and they were civil because they loved their son. She had remarried and he was fine with that. The problems came after his death.

The family are from Qatar. Seems like the laws there are very similar to Tunisia. This may be a lesson for all who have children and how easily it can be done. Such a sad story.
I saw her on BBC breakfast last week, really sad :(
 
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Ariel

Guest
I haven't seen any updates, but if I'm correct, this is a ruling from the UK. And as all should know now, Tunisia won't necessarily abide by it even if the ruling is registered here in Tunisia. Why? Because Tunisian law differs from UK law and Tunisian courts will ALWAYS go by Tunisian law first. In fact, the only time thy will take into consideration a law from another country is if that law is in accordance to Tunisian law.

I have had legal proceedings done in the US, then to get them recognized here in Tunisia, which is NOT always as simple as registering the order. I've had to go back and get statements and basically redo process that were already considered closed by US law -- not always the easiest thing to do. However, without redoing all those, I couldn't get orders recognized here in Tunisia because the criteria for those certain orders were not met according to Tunisian law. Does that make sense?

I hope with my whole heart this mother got/gets her children back safely, however, unfortunately I don't see it happening without a long hard battle ahead. If anyone can find an update, please share.
Yes - she is the one I was refering to in an earlier post, a UK court order is not worth the paper it is written on if the Tunisian courts decide otherwise. This is why you can never be too careful - better to be overly cautious that they are not removed from the UK in the first place than to spend a lifetime trying to get them back :(
 
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