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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My brother's ex wife has custody of their child. She is over

Customer Question

My brother's ex wife has custody of their child. She is over in the UK at present and intends returning to Taiwan with their son next Monday. The son (age 7) is very distressed about this as he hadn't seen his father for over a year. My question is this. Can my brother make some form of application to stop the mother taking their son back to Taiwan. The son was born in the UK and attended school here before his mother took him first to the USA and then Taiwan.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. You brother can make an urgent application for a prohibited steps order (to stop removal of child from the jurisdiction) and a child arrangement order for him to live with him - these can be made using form C100 and a £215 court fee. Both applications can be made on the same form and under one fee. This should be made to the child's local family court.

However, the court will have to assess all the circumstances of the case and background before making a final decision. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you for the response. However my brother has decided not to act upon it. His son will return to Taiwan with his mother tomorrow.
Expert:  Harris replied 10 months ago.

Thank you for the update. If you have any questions in the future you can ask for me directly by starting your question For Harris

Expert:  Clare replied 10 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

It is in fact a good thing that no court applictaion was made.

Since the child has not been resident in the Uk for the last 6 months the Court has no Jurisdiction to deal with the issue.

However your brother should look at making an applictaion in Taiwan for contact with the child

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