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Ask Clare Your Own Question

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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My partner and I (not married) have decided to split up. we

Customer Question

Hi. my partner and I (not married) have decided to split up. we have 2 daughters, but every time there is any sort of argument, i get threatened that she will take them back to Scotland (where she is from). The girls have never lived in Scotland and go to school etc in England. how do I stop this constant threat? i have looked online and it seems that a court order could be granted, but believe mediation has to happen first. is this correct? what are my options?
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

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

How old are the children

Customer: replied 2 months ago.
the children are 10 and 6
Expert:  Clare replied 2 months ago.

Your ex cannot take the children to Scotland to live without your agreement or an order from the Court.

From what you have said it is unlikely that such a Court Order would be granted.

If the threats have become a major problem then you can seek a Prohibited Steps Order from the court preventing her from changing their schools and taking them to a different legal Jurisdiction (which is what Scotland is)

This is done using a form C100 and paying the fee of £215.

It would be useful to attend Family Mediation first to see what agreements can be reached p but in the event of a real and immediate risk it is not necessary.

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 months ago.
Thank you Clare. if I applied for a 'prohibited steps order', how long do they last? or is it something that would need to be applied for each year?
Expert:  Clare replied 2 months ago.

It can last until the children are 16

Customer: replied 2 months ago.
last question i think.......can i do this without my ex's knowledge and have it ready just in case she threatens again, or would she need to be part of the process? i would rather not go through the courts if it could be avoided, but cant keep living in fear either that she would try to take them away
Expert:  Clare replied 2 months ago.

If you apply for it she will be part of the process - although to start with you can obtain one without telling her to stop her just going

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