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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 divorced my husband over 3 years ago. The courts ordered

Customer Question

Good Afternoon
I divorced my husband over 3 years ago. The courts ordered the 3 children lived with me and they saw my ex every other weekend. My ex is a bully and has a proved history of domestic violence towards me. Anyway in September last year he filed false papers witb the courts to get emergency custody he got it for 3 days and when we got into court the children where returned to. He then started the whole custody battle again. Its a long story but he is a bully and lier he filed false papers and did actually go to 2 prison on 2 separate occasions during our divorce for this. Come march the kids asked me when we where getting to go on holiday why can't we stay in Ireland( we r all born in london but family from Ireland) we discussed it and ee changed r names and left. In April well he found us and now looks like we will be ordered to return to uk for the hearing to finish but the kids hav been accessed and have stated they want to stay in ireland and don't want to see due to his controlling behave the kids are 13,10&9.
We are in cavan so very close to northern Ireland just 20mins away. Can we have the case heard in northern Ireland as its uk based and this way kids get to stay at home with there friends. They report did state that the kids r suffering from post sress due to seeing the violence. My son who is 13 has stated he will run away if ordered to return to the uk. The judge will give her verdict on Wednesday next week. Can I get the hearing heard here because I fear for my kids
Thanks
Shauna
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

I assume that you have legal representation in the matter?

Customer: replied 1 year ago.
I have a solicitor in cavan now but they are dealing with the high court in dublin for us but we saw the judge yesterday and she said she will tell us her decision on Wednesday next week but be prepared to be ordered to return to the uk so the court can finish the case. But we would be homeless I had paid for rent in full for the year and the kids are terrible upset at the thought of going back. We are very close to the north was wondering would it be possible to have the case heard there instead of Watford in uk
Expert:  Clare replied 1 year ago.

I am sorry but it if you are ordered to return it will be to London - not to anywhere else.

If you are forced to return it will only be so that you could do what you ought to have done to start with - apply to the court for permission to move with the children to Ireland.

If the children are as clear about your feelings as you say they are it is possible that the court will look past what you have done and still agree to the move.

I am so sorry - I know that this is not what you wish to hear and I sincerely ***** ***** the Irish Judge is content to listen to the children

Please ask if you need further details