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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
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 received an order from the judge to serve my daughters aunty. -my

Customer Question

I received an order from the judge to serve my daughters aunty.
-my daughter cannot be removed from the country
-my daughter cannot be removed from the aunts address until court decides where my child shall live
The order has now been breached as the mother has taken her away to another location
Can I apply for an enforcement?
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.
Was the Order served on the mother?
Where is the child now living?
Clare
Customer: replied 2 years ago.

The order was served on the sister, the child is now living with mother in a different address about 15miles away.

Expert:  Clare replied 2 years ago.
Hi
Just to check - this was an Order taken out whilst the mother was away and the child was in the care of her Aunt?
Clare
Customer: replied 2 years ago.

Yes this is correct, but the order stated the child must remain with aunt until judge decides where my child should live

Expert:  Clare replied 2 years ago.
Hi
Was the Order also served on the mother?
Clare
Customer: replied 2 years ago.

No as she wasn't in the country.

Order clearly stated that the aunty is forbidden herself or her servants or agents to remove my daughter from her home and from the jurisdiction of England and Wales.

Mother has returned from abroad and I have third party confirmation my daughter has been removed from the aunts home and is now living with mother in a new location 15 miles away without the permission of the court

Expert:  Clare replied 2 years ago.
Hi
The Order was only binding on the Aunt.
The Aunt did not have the power to stop the mother removing the child from her care and accordingly she is not in breach of the Order.
I am sorry but there is no point in trying to enforce the Order, that would only have been possible if the child was living with someone other than the mother
Please ask if you need further details
Clare
Customer: replied 2 years ago.

I was hoping I could fill out the form c79 on the basis that the order was breached and in the hope that it will bring my case forward as right now things are very slow as I still haven't received a new court date and I haven't seen my child since June

Expert:  Clare replied 2 years ago.
Hi
No I am afraid not - the Aunt is not in breach - there is nothing to be gained by doing so
Clare

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