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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello again.further to my previous questions about the court

Resolved Question:

Hello again.further to my previous questions about the court case of my ex husband who is trying to remove my son from Britain and take him to live in China permanently, I have some further questions.
there has now been an initial court hearing and I have agreed to submit a statement by a certain date, my ex husbands solicitors contacted me today as the deadline for my ex statement is tomorrow and they are asking my permission for an extension for more time til Friday. the situation is that the first hearing had lots of M&S information and false accusations about me. I was un represented and I felt I was pushed into agreeing to some stuff which I was already actually doing. I have kept to the letter to the things agreed on that day. should I agree to him wanting an extension?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question and for asking for me
I will do my best to help you but I need some further information first.
There is no reason not to agree - but say that you will only do so if they will agree an extension of 7 days for your response
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you again for your answer. would it be ok of me to be optimistic in thinking that unless they can prove that I am a completely unfit mother that this will not happen. I do not have a criminal record and do not take recreational drugs. I've also got references and letters of confirmation to say that I am educating my son and meetings his needs? thanks.
Customer: replied 3 years ago.
Hi just wondering if you saw my last question, thanks.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Yes I think you can be optimistic given the limited time that your son has actually spent in China and the Aspergers
However the somewhat restricted housing situation you described previously will be a potential problem
Clare
Customer: replied 2 years ago.
Hello again, I have just submitted my statement to the court and solicitors to do with the above case. My ex husband submitted his sometime ago and I have responded. Could you let me know it is it possible that between the court hearing in July and now he would be allowed to submit other information? Thank you.
Expert:  Clare replied 2 years ago.
Hi
He would need the permission of the court to do so
Clare
Customer: replied 2 years ago.
Ok so technically he could. I found out some information yesterday that he has tried to have independent background checks done on me and my partner. although there neither of us have criminal records or are drug users etc I am concerned that he is going to try putting something else into the court. How does the court view independent background checks/ use of Private investigators?
Expert:  Clare replied 2 years ago.
Hi
The court would have no use for them - all necessary checks are completed by CAFCASS
Clare
Customer: replied 2 years ago.
Ok, I've already had criminal record checks done on me by cafcass, thanks for your reply
Expert:  Clare replied 2 years ago.
HI
You are welcome
Clare
Customer: replied 2 years ago.
Hi again Clare. I am trying to find out what the ramifications are if my ex had used a PI and how would that change things in court, would he have to put it in another statement?
Expert:  Clare replied 2 years ago.
Hi
What do you think he would have found out?
Clare
Customer: replied 2 years ago.
I don't keno to be honest I am feeling a little paranoid as I came across some information that indicated that he used a company to do background checks that had PI as part of the service, I don't have a criminal record as I said and I don't used drugs never had mental health problems not had social services investigations etc but he is not a very nice man. I've just submitted my statement in which I divulged his sexual abuse during the marriage and I am just waiting for the backlash.
Expert:  Clare replied 2 years ago.
Hi
Then you have nothing to worry about so try not to get anxious
Clare
Customer: replied 2 years ago.
Hello again Clare, I am joining the position that cafcass assessed me and recommended that my son stay in England with me and have holidays in china and Britain with his father. His father now wants to settle out of court and has sent me a draft consent order to which PRt from some details I agree with and was actually exactly what was happening in the past anyway. The question is how am I protected by this consent order and does it still go to the judge? Thank you
Expert:  Clare replied 2 years ago.
Hi
Do you agree with all the order - if so then signing it means that once it is sealed by the court it is enforceable if your ex tries to breach it
Clare
Customer: replied 2 years ago.
Even though he lives in China? I have to say though he has property here and family here and his salary is paid through Britain? Just tonclRify thigh this consent order would be seen by the judge? Thanks
Expert:  Clare replied 2 years ago.
Hi
Yes the Consent Order will be seen and approved by the Court
China is not a signatory to the hague Convention on Adopted Children which could be a problem in enforcement - and you should get some advice from the charity Reunite
www.reunite.org.uk so that you can ensure that all relevant protections are included
Clare
Customer: replied 2 years ago.
Thank you for help again. I would like to obviously avoid going to court and do not want to appear awkward. Would it make me appear awkward if I ask for further points in the consent order to consider this point that he lives in china? I am not overly concerned that he will not return my son because of the points I mentioned earlier and also because of so position with his company. My son is 12 in September and probably will not travel out there until Christmas at least. Can I also request that his passport remains in his possession at al times?
Expert:  Clare replied 2 years ago.
Hi
Sorry I am not entirely clear - are you concerned that he will not return your son or not?
Clare
Customer: replied 2 years ago.
Sorry for. It sounding clear Clare, I believe there is a possibility that he would abuse the situation seeing as he is in China, in his original residency order he wanted to stop all contact. Indirect and access with me and my son so obviously I am feeling vulnerable, so yes I think there my son needs safeguarding as he too is feeling traumatised by the way his father has handled things. I am treading a fine line here as I do want my son to have contact with his father but I am concerned how it will pan out, I do not want the courts to think I am being awkward though. Thanks again for your help.
Expert:  Clare replied 2 years ago.
Hi
So you believe that there is a risk that once the child was taken to China he may not be returned
Clare
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi
What comment did the CAFCASS officer make on this issue?
Clare
Customer: replied 2 years ago.
There was no comment about it from the cafcass officer, they recommend that my son stays with me in England that all his medical educational needs are being met and that he is well loved and very attached to his siblings. They do recommend however that he has holiday in china and Britain with his father.
Expert:  Clare replied 2 years ago.
Hi
What is your ex's visa position in China?
What Visa does your son need?
Clare
Customer: replied 2 years ago.
My son always goes in on a three month maximum visa which allows him entry once, as far as inknownBout my ex he has some kind of residency not exactly sure. It I do remember him telling me that he has to spend a certain amount of weeks out of china to qualify to live there.
Expert:  Clare replied 2 years ago.
Hi
I would suggest that you discuss with the Charity Reunite (www.reunite.org) what protection should be built into the Order - the Court will understand and support your concern and respect the fact that you have spoken to the leading authority on the matter
Clare
Customer: replied 2 years ago.
Thank you I will.
Expert:  Clare replied 2 years ago.
Hi
I hope all goes well
Clare
Customer: replied 2 years ago.

Hi again Clare, yesterday was the conclusion of the matter of my ex husband trying to remove my son from this country and take him to China, basically a consent order was agreed mutually and presented to the court yesterday that we both signed and agreed with. My son is to continue living in britain with me. What has transpired today already is that my son has communications with his step mother who is trying to arange through him a time and place to meet. she has told him to meet his nan at a train station which is a considerable distance from our home, it is in fact near his grandmothers house. When he messaged back and said that she should call me to arrange she has message back saying she wants nothing to do with me. Now in the court order yesterday is states The Court Orders: b ii. For staying conact when the applicant father or other members of the patenal family are in the UK with the father to inform the mother no less than 7 days prior to requested contact if possible.

would i be within my rights to point this out to their solicitor and insist that arrangements are made through me and not through instance messages with my son? thank you

Expert:  Clare replied 2 years ago.
Hi
I am pleased that things have worked out - and yes you shoudl certainly tell the solicitor that the step mothers behaviour is not acceptable
Clare
Customer: replied 2 years ago.

yes , my son is relieved that he will not be leaving the country. Am i right in thinking that these communications are breaking the court order? I have sent copies of them to their solicitor and reiterated that I am going to stick to the consent order and am in no way with holding my son from being with his father.

Expert:  Clare replied 2 years ago.
H
She has no right to contact your son in this way and you should make it clear that if it continues you will report it to the police as harassment
Clare
Customer: replied 2 years ago.

WOW, did not realise that. I have however given permission for my son to have contact with all his paternal family though through the court order. thankn you for being so patient with all these queries it has been somewhat of a never ending story. My ex mother in law contacted me this morning to try and make the arrangement on my son's behalf and i stuck to my guns and said that my son's father must contact me to arrange this as agreed in the court order (which he instigated and insisted on). I am going to send my son to see them next weekend (in Britain) because firstly i want my son to have a relationship with his family and secondly i intend to stick to the court order. If he did decide to not return him what would be the consequences? The court order from Thursday also stated that my son should live with me in Britain.

Many thanks for all you support with this matter Clare.

Expert:  Clare replied 2 years ago.
Hi
have you kept his passport?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
If the child is not returned the you can make an Urgent Application to the court for a Recovery Order
Clare
Customer: replied 2 years ago.

Hi again, as you know i was successful in keeping my son in the UK with me after the court agreement. It now transpires that my ex husband has not kept to several of the agreements made in the court. He has now defaulted on his maintenance payments which were part of the agreement. should i take this back to the court and let them deal with it as over the last few months it has been one things after another that he has not kept to, many thanks.

Expert:  Clare replied 2 years ago.
Hi
You should indeed enforce any maintenance order
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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