legal questions, custody rights

coolbananazz

New Member
#1
Next month I will be travelling to Tunisia for 10 days with my 2 children. We will be visiting my ex husband & his family who are all Tunisian. I am not Tunisian and the children were both born outside Tunisia & hold foreign passports. Can anyone please advise me of the parental rights of myself & my ex husband. If he was so inclined, could he prevent the children from leaving Tunisia after our holiday there. I have raised the children myself for the past 11 years outside Tunisia. I would be very grateful for any advice. Thanks
 

Nadia

New Member
#2
Hi there,

I understand perfectly your concern. May be the safest way to get offcially legal answers is to consult a lawyer before to visit Tunisia, but who is legally in charge of the children???

Nadia
 

Mezoo

VIP Member
#3
Next month I will be travelling to Tunisia for 10 days with my 2 children. We will be visiting my ex husband & his family who are all Tunisian. I am not Tunisian and the children were both born outside Tunisia & hold foreign passports. Can anyone please advise me of the parental rights of myself & my ex husband. If he was so inclined, could he prevent the children from leaving Tunisia after our holiday there. I have raised the children myself for the past 11 years outside Tunisia. I would be very grateful for any advice. Thanks
welcome to the forum cool...don't know myself the answer but someone else here is gonna ...have fun in tunisia...:cool:
actually your answer is probably here. maybe you can post here or find your answer...
http://forum.tunisia.com/general-discussion/1333-kids-tunisians.html
 

coolbananazz

New Member
#5
Thanks for the link. As I understand it the kids will be legally Tunisian once they enter the country. Their father & I separated and divorced years ago & without taking it to court decided that I would have the kids. We have been relatively amicable over the years & I have raised the children without any financal support from him. He has never shown any inclination that he would ever attempt to keep the kids in Tunisia however I believe it is best to be prepared & know my legal rights.
 

sparkle

Well-Known Member
#6
I agree - from what I have read in the past on this forum regarding this subject, once you have entered Tunisia he has all the rights. I am not sure how correct this information is though but best be prepared....
 
L

Lissy

Guest
#7
Welcome to the forum....

You might well need a letter from him which has been stamped at the Beladya before you can leave the country with the children even if they don't have Tunisian passports. I know that some people, for example Truly Madly Deeply, have not had any problems with leaving but I also know of people who have.

I am sure you will get more replies from people with more knowledge than I have.
 

coolbananazz

New Member
#8
à have just finished reading "kids with Tunisians" (all 25 pages). From what I understand - If I can get me ex to write a legal letter stating that the children have permission to travel out of the country with me, I should have no problems. What is the Beladya? Can I present the letter to the authorities on entry into Tunisia which will then be valid for the 10 days until I depart? Should I also get my ex to write that I have full custody of the Children & that they reside outside Tunisia?
 

sianperkins89

Well-Known Member
#9
can i just ask here, if the children have british passports and are travelling with a british mother are the aiport staff even going to know that the children have a tunisian father, and do they even NEED to know? sorry i was just interested as to how a single mother with half tunisian children can be identified from a single mother with british children...
or does it not work like that?
 

coolbananazz

New Member
#10
can i just ask here, if the children have british passports and are travelling with a british mother are the aiport staff even going to know that the children have a tunisian father, and do they even NEED to know? sorry i was just interested as to how a single mother with half tunisian children can be identified from a single mother with british children...
or does it not work like that?
Yes I had thought of that. However the children both have his surname & although once I shared that same name, since the divorce I have legally changed it to a different one. Hopefully since the 3 of us will enter together we can exit together, I just want to cover all bases
 

Black Mamba

Well-Known Member
#11
can i just ask here, if the children have british passports and are travelling with a british mother are the aiport staff even going to know that the children have a tunisian father, and do they even NEED to know? sorry i was just interested as to how a single mother with half tunisian children can be identified from a single mother with british children...
or does it not work like that?
Good question, also if they have been with you for 11 years and you are the main provider, on what ground would he have them now?

Doesn't make sense to me
 

coolbananazz

New Member
#12
I read somewhere that the letter needs to be less than 21 days old ..... Is this correct?
 

coolbananazz

New Member
#13
Good question, also if they have been with you for 11 years and you are the main provider, on what ground would he have them now?

Doesn't make sense to me

Agreed. He's just the type to use ithe treat of it as a power tool though, and after having had total care of them for so long I dislike the fact that I will be handing the power of a smooth departure from Tunisia over to him.
 

Black Mamba

Well-Known Member
#14
Agreed. He's just the type to use ithe treat of it as a power tool though, and after having had total care of them for so long I dislike the fact that I will be handing the power of a smooth departure from Tunisia over to him.
You definately need the letter.
 

magz

New Member
#15
If the children are coming on holiday they will enter into the country with their british passports and therefore they will leave on the same passports.and do not need a letter of permission to leave..For women who live here or abroad yes they need a letter from their husband if the child enters the country under Tunsian passport...it's only if you bring the children into the country on a Tunisian Passports as they are classed as Tunisian Nationals...if they enter under a British Passport they are legally bound to the Uk...and you do not need a letter to leave.

Hope this helps....
 

sianperkins89

Well-Known Member
#16
that makes more sense!
i thought that would be the case as if the child has a british passport how can the staff know that he/she has a tunisian father that may not want him/her to leave the country.
thanks for the info magz :)
 

Cathibou

New Member
#17
that makes more sense!
i thought that would be the case as if the child has a british passport how can the staff know that he/she has a tunisian father that may not want him/her to leave the country.
thanks for the info magz :)
It depends who you get in immigration when leaving the country, some don't bother and you take the chance, on the other hand is it worth the chance. If they have a tunisian surname they are more than likely going to ask you for their Tunisian passports. The letter of authorisation would be written by yourself or ex who would then tak it to a solicitor here for them to witnes his signature. This is for your departure from Tunisia, nothing to do with your entry. The letter needs to state his name and passport number and your travel details and childrens names. It costs £5 normally for the solicitor to witness it and even if you don't get asked at least it is worth piece of mind to have it on you incase.
Once in Tunisia if your ex decides he wants to keep his children there then is very little you will be able to do about it, as you say your relationship now is amicable so personally I would do the authorisation, keep it on you and only show it if asked for on your departure. Better safe than sorry.
 

DebbieZebbes

Active Member
#18
HI. I have travelled back and forth to Tunisia many times with my daughter, we both have Tunisian surnames and British passports and have never been asked for fathers permission to leave the country. I think arriving with letters and such would only draw attention to us and delay our usual smooth departure.
 

coolbananazz

New Member
#19
If the children are coming on holiday they will enter into the country with their british passports and therefore they will leave on the same passports.and do not need a letter of permission to leave..For women who live here or abroad yes they need a letter from their husband if the child enters the country under Tunsian passport...it's only if you bring the children into the country on a Tunisian Passports as they are classed as Tunisian Nationals...if they enter under a British Passport they are legally bound to the Uk...and you do not need a letter to leave.

Hope this helps....
Thanks for the info. Hopefully it is as simple as that. Is that what the law states? Some posters on another thread disagreed with this though saying that they had been stopped with British passports just because their kids looked Tunisian.

Another question .... Does the father need the signature of the mother to obtain a Tunisian passport?
 

Cathibou

New Member
#20
HI. I have travelled back and forth to Tunisia many times with my daughter, we both have Tunisian surnames and British passports and have never been asked for fathers permission to leave the country. I think arriving with letters and such would only draw attention to us and delay our usual smooth departure.
You would not show the letters on arrival as I said they are for departure IF you were asked for it you would be able to show it. You are fortunate if you have never been asked as I have been stopped and even seperated from my daughter while they tried to contact my husband by phone in the past. Once this has happened to you you don't make the same mistake twice.
 
Top