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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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 currently in child proceedings in family court in UK. they were once already

Customer Question

Hello,
I am currently in child proceedings in family court in UK. they were once already settled following a consent order, but I was taken back to court and hearings are now pending. My ex husband now took to court in the Czech republic (that is where the divorce was finalised). can he do this when child proceedings are not finalised and are ongoing?
Submitted: 7 months ago.
Category: Family Law
Expert:  Clare replied 7 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Where does the child live?
Customer: replied 7 months ago.
there is a shared custody based on 4 week rolling rota, the child is 55% with me and 45% with father, there is a hearing in 3 weeks time and i am hoping to get more contact as father s behaviour has been abusive and it was highlighted by Boldmoves and by cafcass
Customer: replied 7 months ago.
we divorced in October 2015 in the czech republic . father now wants to settle finances and took to me to court there. the problem is , as family is settled in UK (has been for over 17 years) UK jurisdiction need to apply in the czech court
Expert:  Clare replied 7 months ago.
HiSo it is the financial side that is being dealt with abroad?
Customer: replied 7 months ago.
i spoke to cafcass officer as i see this application to UK courts abusive towards my son (7y) and myself as we would need to travel there for hearings when my son is at school age
cafcass officer said she did not think the czech court can go ahead while the custody is in the UK courts
Customer: replied 7 months ago.
finances- I receive some child support form CSA but the divorce settlement was filed in in the Czech
Customer: replied 7 months ago.
accoding to my czech solicitor- even though the application is at a czech court, UK law will apply (international agreements) as family is based in UK
Customer: replied 7 months ago.
so i am finding myself in situation where i am being taken to courts in czech and in UK in the same time
Customer: replied 7 months ago.
for different things obviously
Expert:  Clare replied 7 months ago.
This is not unusualI am not sure what you wish to know about this
Customer: replied 7 months ago.
what i need to know is whether or not the czech court can initiate proceedings when the child proceedings in UK courts are still on-going?
Expert:  Clare replied 7 months ago.
Since they are about finances and not about the child then yes I am afraid that they canPlease ask if you need further details
Customer: replied 7 months ago.
thank you
my cafcass officer thought while the custody of child has not been settled, financial matters can not be concluded
Customer: replied 7 months ago.
we are in the courts in uk for resolution hearing in May 2016 and final hearing should be in August 2016 ,
Customer: replied 7 months ago.
regarding travelling abroad (czech rep) for the court hearings, does my UK employer have duty to release me from work?
Customer: replied 7 months ago.
would you please advice me whether I should inform the UK court that I am being taken to the Czech Court for financial matters while the child proceedings are now back in Courts
Expert:  Clare replied 7 months ago.
My apologies for the delayI am afraid that the CAFCASS officer is wrong - there is nothing to stop the finances being resolved firstI am afraid your employer does not HAVE to release you from workYou should certainly tell the UK court at the next hearing about the added pressure your ex has created

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