Please help in this legal matter
We lived in Morocco since 2014
He never made my visa or residency here
Since our divorce I have been informed I must leave since I'm here illegally.
I have custody and child support issued by Moroccan court system with my divorce paper.
He refuses to consent to passports ( Australian) I believe I can get British ones for them without his consent but I have to register them as British citizens first.
Even if I make their passports which seems very difficult, I can't legally travel with them without his consent.
The Australian Embassy informed me of this and currently the British Embassy has totally ignored me.
I have spoken to a few lawyers and they have told me to contact the embassy. Told me to ask their father again... I mean I'm at my wit's end. My children can't even attend school and we are struggling in every sense of the word.
How do I get out of Morocco !!!
Their father isn't even resident in Morocco, he was born and raised in England, he lives in England and I was forced to remain here since coming for a 3 week holiday in 2014.
This abuse, phycological and emotional continues, his ability to control my life and he's living it up in England! Our divorce ended the physical abuse but how do I ever repair myself alone, without my family and friends !!!
How can we be forced to stay here and he isn't even here?
Lawyers seem to know nothing
Embassy doesn't get involved in legal matters and parental consent is a legal matter !
Please help
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I asked the wilayatal aman and a lawyer!
Since the registration is after the divorce !
I have child support and full custody.
He isn't resident in Morocco, he was born in the UK to Moroccan parents. He made his Moroccan nationality card for whatever reason and his parents registered him on their family books. But he lives and works in the UK and always has.
Since 2014 until now I have lived in Morocco and he has gone back and forth not allowing me to leave the country not even once
I rent a flat in Marrakech in a cheap area and my kids can't even go to school !
I have to pay for medicines, nappies etc
I don't have family here I can just go live with either, I'm not Moroccan.
Even the Moroccan side of the family who live in Morocco don't even know my youngest children.
It's crazy to think my kids can be kept here all because they are born here and their father doesn't even live in the country ! And I can't have rights because I do and birthed them here
You child takes the father nationality in this case it would be British as i'm presuming he wants to give that nationality to his child. However If the birth certificate states the child is Morccan then the child would fall under Morccan law.
If the child is entailed to British Passport as well as a Australian passport as that's your nationality than you could apply for both passports via the Appropriate gov application for child born overseas and submitting the appropriate documents. As your legally devoiced you have to prove that you were married before the child was born which i guess you can show.Â
Calling the British Embassy or even the Australian Embassy under your nationality (apparently both embassy operate the same line)Â in Morocco can be done and you could try to ring on the emergency assistance number and explain the situation and that you have full custody of the child. Maybe they can advise you and possibly allow you to fly on emergency travel documents.
Im sure as a Australian Citizen you are allowed to apply for an passport from Australia?
lastly as other people have stated if the courts granted you full custody then you can legally obtain a Morccan passport and leave if that's what your wanted to apply for.
If the devoice was conducted in Morocco. If the devoice was done in the UK as he is British citizen than under the Hague Act - Moroccan Gov cannot stop you and the child from leaving as it can been seen as Kidnapping depending on how you look at the situation and how you approach the law. I also Believe Australia is part of the Hague Act treaty also. You could look at this as a potential option and discuss it with the embassy or with a lawyer as I believe you have all the documents to hand to allow you and the child to leave safely.
I just had to pay a lawyer to deal with my case.
Moroccan school is not free for young kids and since I have no visa or Moroccan nationality I can't enroll them and he refused to renew his I'd card which means they won't accept it as valid!!!!
I have the solution to my problem now after seeking legal advice and also no, my kids can't use the public health here for free since the above mentioned!
Plus, I wouldn't let a dog use the public health in Morocco!
My mother is a Barrister in Australia and it's very possible even in Australia to get kids out against one parents consent and Australia has the strictest custody laws!
Anyway, thanks
I got the paper muwafaqa from my ex husband so I'm now legally allowed to take my children out of Morocco and not return.
My only issue is applying for passports since the British Embassy has not replied to any emails in 2 weeks. No one answers the phone and the emergency number states it doesn't deal with passport or visa issues and only emergencies.
So that's no help.
Atleast I'm no longer stuck in Morocco but I just have to figure out how the heck to get out and where to go.
Jazak Allah Khair for your response.
It’s an old fashioned and long process, but possible and I imagine made worse by COVID.
Good luck.
Soukaynasadik96 wrote:Hello everyone, I have a question, my fiancé is British and naturally resides in his country of origin England, we are preparing for marriage in Morocco, my question is does my fiancé need to bring a residence certificate with him or not? I inquired about this matter at the court in Agadir, and they told me that he does not need to bring a residence certificate
Hi, Residence certificate not required for British Passport holders. Citizenship certificate is given by the British embassy at the appointment that he will attend for the marriage documents. this certificate replaces the residency certificate from British passport holders who reside in England.
Hope this helps.
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