Marriage Breakdown: UK born children involved

[kmb5221]

What would happen when a marriage breaks down between a U.K. citizen (dad) and a non-EU citizen (mom) who have U.K. born children (but with dual citizenship)? It says that if the marriage breaks down, the mom would have to return to their home country, but what happens with the children when the dad doesn’t consent to the mom taking them out of the country? Would mom be forced to exit the U.K. without her children?

[Wanderer]

What would happen when a marriage breaks down between a U.K. citizen (dad) and a non-EU citizen (mom) who have U.K. born children (but with dual citizenship)? It says that if the marriage breaks down, the mom would have to return to their home country, but what happens with the children when the dad doesn’t consent to the mom taking them out of the country? Would mom be forced to exit the U.K. without her children?

FLR (FP) I think is the one!

[CR001]

The 'dad' would have to use the prescribed form to inform HO that the relationship has broken down and is no longer subsisting, link below.

https://www.gov.uk/government/publicati ... nsent-form

The 'moms' visa will be curtailed/reduced to 60 days validity. The curtailment letter can take a few months to be sent out. 'Mom' will be advised to submit another application she qualifies for.

As the mother of a British child, the 'mom' could apply on form FLR(FP) Parent route.

[kmb5221]

What would happen if ‘mom’ didn’t want to remain in the U.K., didn’t apply for a visa to remain in the U.K.? Mom has no support in the U.K. and would make sense to move closer to family in her home country. Would she not be allowed to do this without dad’s consent? And if she didn’t renew or reapply for any visa would she be forced to exit without her children?

[CR001]

Would she not be allowed to do this without dad’s consent?

It depends what the terms of the agreement is between the parents. This is not an immigration issue to be honest as the children hold citizenship for both countries.

And if she didn’t renew or reapply for any visa would she be forced to exit without her children?

Yes, this can happen and it does happen.