Dear Lovingmum
Welcome to the parents’ discussion board and thank you for your post. My name is Suzie, FRG’s online adviser. I am sorry that I have not been able to be respond to your query before now.
I am sorry to hear that your son suffered an injury which is believed to have been caused by shaking him; it seems that your husband is alleged to be the perpetrator of this, which you do not accept.
It sounds as if you are understandably finding this very difficult and are struggling financially as well. You would like to go back to your home country.
From the information provided it seems that the case is ongoing. You don’t say who is caring for the children but it is likely that they may be in foster care. If the children are still subject to
interim care orders or even if full
care orders have been made you would still share parental responsibility for them with children’s services but they are the main decision-makers for the children and can make decisions that you do not agree with.
I would recommend that you discuss any future plans (including when you would want to act on them) with your solicitor as they have fuller knowledge of your situation and are best placed to advise you on all aspects of your family’s case. Your actions now are likely to impact on future plans for your children and contact with them if they are permanently placed apart from you and your family. You might want to find out more about how this would be managed and what the impact on the children would be, when you are thinking thorough your options, so that you can make an informed decision. As a parent it is usually best to take part in the court hearing for your children as fully as possible, if you can.
If there are no court orders or legal restrictions in place, or ongoing criminal investigations which prevent you, as an individual adult, from leaving England then you are most likely free to go. However, you cannot remove the children abroad, outside the jurisdiction of the UK, if they are subject to court orders such as care orders (temporary or final) or without the consent of everyone with
parental responsibility or the permission of the court. Otherwise, you would be committing a criminal offence. Local authorities apply for recovery orders if children in care are removed.
I can see that you have a lot to deal with at the moment. Perhaps you can get some advice/support from your embassy or community support to help you with the different issues you are struggling with. Meanwhile, do speak to your solicitor about your proposals.
I hope this helps.
Best wishes
Suzie
