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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
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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I am worried that my partner is taking my child to alderney

Customer Question

I am worried that my partner is taking my child to alderney without my consent, she has a second family home there and wont tell me where she is going what shall i do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and do you mean permanently or for a holiday?
Are there any existing Court Orders in place?
Clare
Customer: replied 2 years ago.

Child is 5 months.


Ex partner days she is going away for a week.


No court orders in place.


 

Expert:  Clare replied 2 years ago.
Hi
What contact do you have with the baby and do you have any reason to think she will not return with the child?
Clare
Customer: replied 2 years ago.

Contact currently limited, once in last 2 weeks for 2 hours at neutral location. I believe she is planning to move there. Has a very possessive attitude and received no response when asked where she was taking my daughter.

Expert:  Clare replied 2 years ago.
Hi
What makes you think she will not return?
Clare
Customer: replied 2 years ago.

Because she would live there in preference to anywhere else, is well connected offer the and had a large family home that is already available and by the fact that she has been deceive about leaving the UK...

Expert:  Clare replied 2 years ago.
Hi
In that case you need to apply to the Court for a prohibited Steps Order - preventing the move until the court has decided whether or not the move is in the best interests of the child
If you think she is only going for the week do NOT make the application as the court will view it as unnecessarily aggressive
If you do make the application then it would be sensible to apply for a defined contact Order at the same time.
The form you need is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £215.
You should take the forms to court this afternoon and you will need a form C2 to ask for an urgent hearing
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
You can read more here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
Please ask if you need further details
Clare

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