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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 have prohibited steps, parental responsibility, residence

Customer Question

I have prohibited steps, parental responsibility, residence and contact orders submitted but adjourned until I can ascertain the whereabouts of the mother of my son. I subsequently submitted a "disclosure of whereabouts" order to the department of work and pensions. I was informed by my local court (where I submitted all applications) that the case is now in London at the Central Family court. I have not been told why this is the case at all, solely that the case is now held at the Central family court and if I wish to "restore my application" (of the previous orders) I should write to that court to do.
How do I confirm that the court has a reasonable address before restoring my application? How do I ask them to confirm that they have an address and that the address is different from the previous last known address? I do not wish to augment the "prohibited steps" order without being sure she is in the country as I otherwise practically lock her and my son out of the country.
Many thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you
If you have been notified that the Court has been changed it is because an address has been given and the case transferred to your ex's nearest court
You simply need to write and ask for the matter to resume
Please ask if you need further details
Customer: replied 2 years ago.
How do I make sure the the address is valid and not the same as the previous address before reopening the case? Can I ask them to 'act in two different ways depending on the address they have?
Customer: replied 2 years ago.
More precisely is this letter OK?
Expert:  Clare replied 2 years ago.
They will have the address given by the DWP
You can certainly send a version of the letter.
However you cannot make all of the requests that you list in your letter.
You can certainly ask them to serve the Prohibited Steps Order - and when you know that she has been served YOU can take the necessary next steps to close the Ports.
You will need an Order from the Court to serve via email or facebook
Customer: replied 2 years ago.
Ok, in the court order it was specified that the closure of ports should be undertaken without notice. The judge decided this as the respondent had left before. Therefore I think I can request, I shall change the letter to refer to the relevant paragraph. I was under the impression the court arranged the closure of all ports by actually issuing the order. If this is something I do should I specifically ask for only the prohibited steps order to be implemented first and then send a second letter once I have closed the ports?
Expert:  Clare replied 2 years ago.
If the Order already deals with it then all is well
If it also deals with service then equally your original letter can stand!
Customer: replied 2 years ago.
Many thanks.
Expert:  Clare replied 2 years ago.
You are most welcome - I hope all goes well

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