Reference your response to points 1,2 and 3 above, please advise.
Point 1: I am certain and have evidence she has not been in the country since 20 March 2013. He excuse may be that she had a child 10 April however it is not an excuse to leave your Children with a 3rd party and for your lawyer to mislead in correspondence about your whereabouts. I will go to court tomorrow exparte at 11am. What are my chances of i. returning the children to me on Friday 3 May, ii. obtaining an interim residence order, iii an order that if she leaves the jurisdiction in the future the kids will be cared for by me and not a third party. Please advise.
Point 2: I have applied for shared residence order. The hearing is scheduled 26 June however she has no put in a leave to remove application so I am not sure what will happen. I have not been able to travel with the children for 2 years simply because she alleges I am a flight risk. She may argue and the court may be afraid to allow me to travel with the children in case of abduction. I suggested stamping the passports as an idea . How else will the court have comfort apart from my word that the children will be returned.
Point 3: She has not requested a Cafcass report in her application for leave to remove. She has requested a social worked under section 7 or something to go to Spain to see where she is proposing they will go to school and live. The Cafcass report done 18 months ago clearly confirmed that it is in the best interest of the children that they remain in their current schools, that they love their schools and are very happy. Also time and time again my ex wife has told the court whether true or not that she is not planning to get married and the court recently took the view that I must maintain her as she is in a relationship that my not last. I would that bizarre given that she has a child from her boyfriend but said he will only support the child.
Would the children need to be interviewed by CAFCASS again despite a report 18 months ago? My daughter is 13 and son 9. What if I insist on a report and she tells them to tell the officer that they want to move to Spain and would love to live there.