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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a contact order that states when my child spends time

Customer Question

I have a contact order that states when my child spends time with me it doesn't state where or whom my child lives with.. Does this mean my child's mother needs my consent to take my child out of the country??
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-How old is the child?

-Are you the biological father?

-Are you named on the birth certificate or were you married to the mother?

Customer: replied 11 months ago.
My child is 4, yes I'm the biological father, I am named on the birth certificate as a result of a parental responsibility order... My issue is the law states my permission is needed for my child to be taken out of the country but it is not needed if there is a residence order in place I'm aware that resistance orders are now called child arrangements orders which is what I have but my order only states when my child is to be made available for contact with me there is nothing to state where she lives or no one is actually named as who she lives with.. So does the order actually have to state that my child lives with her mother for her to take her out of the country??
Expert:  Harris replied 11 months ago.

Thanks for confirming. For there to be a residence order, the order must specifically state that the children are to live with the mother. As you state this is not in the order, then she would need your explicit permission to take the children abroad as you have a PR order in place.

I hope this assists you. 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 your question without a positive rating. Thank you.

Harris and 2 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
The holiday is booked for this Wednesday.. This is not enough time to apply for a prohibited steps order to stop this from happening so what are my options and is my only option to go to the police and get a port alert?? What do I say to the police?
Expert:  Harris replied 11 months ago.

Where is she going and why do you object to it?

Customer: replied 11 months ago.
She is going to Cyprus, I object to it because I've only just had a child arrangements order less than 2 months ago so obviously that will be broken the holiday is for 3 weeks witch I think is too long.. She says the holiday has been booked since March but nothing was said at court about the holiday she had plenty of opportunities to mention this.. The holiday is also conflicting with my daughters first week at primary school which is a issue for me.. I have also asked to see proof of where she is staying, flights for example a return ticket, and whom is going etc and not had nothing..
Expert:  Harris replied 11 months ago.

Thanks for confirming.

For your information, a prohibited steps order can only be granted if the objection to the travel is reasonable and you have raised some reasonable points, notably the non-disclosure of the travel in proceedings and the impact on your recently granted arrangements. More importantly you have stated that it will impact her first week of primary school.

You would be able to pursue an urgent prohibited steps order application in person to your local family court together with a statement about the objection and attend the court tomorrow or Tuesday. You will need to use form C100 and a £215 court fee, and contact the court to see if you need to arrange an appointment to issue the application.

Customer: replied 11 months ago.
Is this my only option? Can I contact the local police and ask for a port alert how does that work??
Expert:  Harris replied 11 months ago.

You can contact the police and inform them of this position and they will inform you if there is enough grounds for them to issue a port alert. Furthermore, if she is travelling to Northern Cyprus then you will have very good grounds to prevent the travel as Northern Cyprus is not a signatory of the Hague Convention and a return of the child will be a lot more difficult as the authorities there have no obligation to assist.

Customer: replied 11 months ago.
Ok so best bet is to go to court let's say I go to court on Tuesday and they agree to this prohibited steps order how are they going to stop my daughter being taken out of the country on such short notice is it possible what do they do??
Expert:  Harris replied 11 months ago.

If the judge agrees with your concerns, the court will issue the PSO and it will be for you to instruct a process server to serve her and you can use this PSO to raise a port alert. Given that you do not know where exactly in Cyprus she is planning to go I would suggest you contact the police immediately on 101 and take their advice on whether they will assist and then consider pursuing the PSO applicaiton tomorrow.

Customer: replied 11 months ago.
Obviously the police are not interested in whether or not my child arrangements order is being broken.. What is my main point to the police? that as I haven't seen any proof of travel and return or don't know where she is staying and don't know if she will be returned and the point about northern Cyprus not being part of The Hague convention??
Expert:  Harris replied 11 months ago.

Yes, also that she has not obtained your permission as required due to your PR order

Customer: replied 11 months ago.
Ok thank you
Expert:  Harris replied 11 months ago.

I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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