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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 concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf 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
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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