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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have found out my ex is going to take my daughter to live

Customer Question

I have found out my ex is going to take my daughter to live abroad without me knowing when I have a contact order in place so I need to stop this
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- do you have parental responsibility for your daughter?
- how old is your daughter?
- how have you found out that they intend to move to live abroad?
- do you know when they are intending to go?
- does your daughter have a passport where is it?
Kind Regards
Caroline
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
I do consider that you need urgent advice from what you have posted in your question.
I cannot call you this evening but I could call you tomorrow at a time of your choosing.
If this is acceptable to you - if you choose the option for a telephone call then I will accept this request for you - this will then give me your telephone number.
Let me know what time would be best to call you tomorrow.
Kind Regards
Caroline
Customer: replied 10 months ago.
I have p r and a contact order for my 5yr old daughter which states the mother cannot take our daughter out the country without my permission. I was informed by her son and her friends she is being evicted from her flat end of January and running off to Spain with my daughter . we also have a 13yr old daughter that lives with me Which I was awarded full p r last year
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
As you have Parental Responsibility the mother cannot take your daughter to live in another country without your permission.
If you consider what you have been told is genuine then you don't have much time so you need to make an URGENT Application to your local Family Court asking for a Prohibited Steps Order preventing the mother from removing your daughter from the Jurisdiction.
If you consider what you have been told is genuine then it is best to make your application to the Court on Monday morning. If you consider that making the application might make the mother flee sooner then do not tell her you are making the application.
Call the court staff and ask if you can email your application to them and ask to be heard by a Judge that day.
The application form you need is this one:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
In relation to the Sections about mediation- you need to say that your application is urgent and therefore you are exempt from attending.
The court fee is £215 but you may be eligible for a fee remission- see Form EX160
You need to detail for the court within a statement what you have said about the mother being evicted and planning to move abroad with your daughter. You should also detail how you have parental responsibility and you have not been consulted also how you have a contact order and their is also a sibling who will be denied a relationship.
The court will likely give you the order in the first instance then list this matter for a further hearing asking the mother to attend. At this point the mother will have her say and if she is intending to go abroad then the court will list that issue for a contested hearing so the issue can be decided.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question will not close when you leave positive feedback and I am available through his service to answer any follow up questions that you may have for free.

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