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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My children and I are resident in Spain. My ex husband collected

Resolved Question:

My children and I are resident in Spain.
My ex husband collected them from Spain last week for a two week holiday and is due to return them to spain on saturda
I had them in the Uk for a 24 hour period on saturday and was due to drop them with him today and i was flying back to spain with my new partner and baby.
He changed the drop off arrangements and when i refused to meet the new drop off arrangements he told me to take the children to my parents for the last week of his access.
I of course did not board the plane and my partner and baby returned to Spain, I remained in the Uk to ensure the children are Ok.
he has now changed his mind and wants the children for the last week but i am unhappy with that and don't trust that he will retune them to me on saturday. the police have said that they can accompany me but can not insist he gives me their passport and so I am in the UK, unable to take the children back to spain and I have a baby in spain that I need to get to. Please advise me. Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
Are there any court orders in place regarding residence?
Clare
Customer: replied 3 years ago.
We went to court but as we are resident in Spain the judge sent us to mediation instead which has worked to a degree and until now
Expert:  Clare replied 3 years ago.
Hi
Where are the children at the moment?
Clare
Customer: replied 3 years ago.
I have left them in the uk with their father now, I had to return to Spain for my baby. They are due to return Saturday. I am disgusted that he could hold their passports from me and we were basically held in the UK until he chooses to return them to me. Is this correct that he could do that? He only sees them for 40 days a year, has no interest and yet has a right to hold their passports from me? I have files a report with the police but had to return to Spain. Can a judge in the uk court enforce a contact order with residency being in Spain?
Expert:  Clare replied 3 years ago.
Hi
Is there actually an Order in place sealed by the court?
Clare
Customer: replied 3 years ago.
Not that I am aware of. We have an mou recommendations by a mediator that we abide by but the judge told us to go away. Their father reduces access year on year.
Expert:  Clare replied 3 years ago.
Hi
You both have Parental Responsibility and the right to have their Passports in your care - hence the police could not force him to return them
If he does not return the children to Spain you can force him to do so using the Hague Convention on adducted children.
This is because since the children are resident in Spain it is for the Spanish Family Court to determine who they should live with and where
This does assume that they have been resident in Spain for more than six months
I am not certain that this deals with all your queries so please highlight any outstanding issues you need addressed
Clare
Customer: replied 3 years ago.

Hello claire, thank you for your help.
I am still unsure of my position.
My ex husband wants to take the children out of Spain and I am not happy for thus to happen given the problems 2 weeks ago. Where do I stand legally?
Thank you

Kind regards
Claire

Expert:  Clare replied 3 years ago.
Hi
Where does he wish to take them and why?
Clare
Customer: replied 3 years ago.
Their father lives in the uk. He wants to collect them from Spain for a one week holiday in the uk.
Expert:  Clare replied 3 years ago.
Hi
So soon?
Did he return them appropriately in the end?
Do they wish to go
Clare
Customer: replied 3 years ago.
In the end he did and yes they would like to go. However,this was the second time he kept their passports. I had to get off a flight to ensure their safety and I no longer trust him. He has booked flights without consulting with me and I am at the end if my tether with his bullying. I am happy for him to have full access in a country where I am present also.
Expert:  Clare replied 3 years ago.
Hi
When you made the move to Spain what was the agreement that was made with regard to contact?
Clare
Customer: replied 3 years ago.
We moved here together 11 years ago. He moved back to the uk 5 yeRs ago and I remained in Spain with the children
Expert:  Clare replied 3 years ago.
Hi
Has there been a regular pattern of contact since then?
Clare
Customer: replied 3 years ago.
Yes, we went to mediation. The courts requested that. He is prone to making arrangements without consulting and then threatening court when I don't or can't agree. His access a getting less and less at his request. It was every 8 weeks in Spain. 1 week Xmas alternating with new year. 2 weeks June or August alternating and Easter or half term feb alternating. Now he won't take any access in Spain only the uk which would have been ok but this time he basically abandoned them to my parents and then changed his mind. It's very stressfully for us all and hurtful for the children. I'm very concerned about his reliability and trustworthiness now. I am happy for any amount of access in Spain or the uk long as I am in the UK too. I can't trust him with their safety.
Expert:  Clare replied 3 years ago.
Hi
Any application he makes for contact will have to be made in Spain as that is where the children reside.
I suggest that you simply say that in view of his behaviour last time you either wish to agree a new pattern of contact - emphasis on the PATTERN - so that he has contact in whichever country you are in at that time.
If he does not wish to do that and applied to the UK court simply write to the court and point out that the children are resident in Spain and accordingly the proceedings shoudl be dismissed
I would suggest that you also seek some advise as to what contact is usually granted in Spain!
Please ask if you need further (UK) details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank You ever so much. The residence issue is why the judge insisted we seek mediation last time. The judge did say that he can avoid the residence issue and that a uk court can place a contact order if we don't come to an amicable agreement. This concerns me hugely as of course I am resident in Spain and if a uk system has control of the children then surely I as resident parent will lose them?
Expert:  Clare replied 3 years ago.
Hi
In fact the Judge was wrong (t happens)
It is the Spanish Court which will decide this matter - that is where the children live
http://www.murraystable.com/news-articles/articles/resolving-the-problems-of-jurisdiction
Clare
Customer: replied 3 years ago.


i have already rated you but I keep getting emails to rate you. Thank you for your help.

Expert:  Clare replied 3 years ago.
Hi
I fear a site glitch - ignore them!
Clare

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