Legal perspective needed please!

[mifta]

I posted this as a discussion in the family section last week but I am interested in getting any legal opinons on this situation. My sisters husband left her and two children, one aged 6 years and one aged 3 months old, He left her for a brazillian woman he met whilst travelling with business in brazil. This was nearly 3 years ago. My sister and her ex have now divorced and he has married this brazillian woman. My sister has always encouraged him to have the kids at weekends and take them away on holiday from the start of their split, despite of the circumstances of him leaving, and she has never used the kids as a way of punishing him. Her ex was quite controlling and has now started to press her, via email!!, as he wants to take the kids abroad on holiday. My sister has refused to let him because a) his wife is from brazil, he can get a job out there with no problem, he regularly goes there on business and has many contacts and Brazil has no legal ties to Britain. b) They currently have no ties, ie. a mortgage Basically, she is concerned that they may abscond with the kids to Brazil. Do people think she is being reasonable with these concerns? Anyone any ideas on the legal perspective? Many thanks

[Buenchico]

Under the Child Abduction Act 1984, your sister's ex cannot take the children out of the country without her consent. (She does not require his consent to take the children out of the country unless it's for a period of more than one month):
http://www.passport.gov.uk/general_preventing_ law.asp

Chris

[bednobs]

i can see it from his perspective though ... their step mums family have not had a chance to even meet them!

[mifta]

Bedknobs - Their dads wife has had all her family over to visit many times and they have met the children on numerous occassions.

[lady_p_gold]

Even if it is totally unfounded, if I were in that situation I would be equally worried. I think she is being perfectly reasonable, and although it might be a bit unfair to him, surely he can understand her concern. If I were here I would put everything in place to make sure they are not taken out of the country.