How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

History of DV from ex partner (children's father)Often

Customer Question

History of DV from ex partner (children's father)Often threats to remove our children from my care and take them to a another country so I can never see them again. Now ex partner wants to take children to a Muslim country on holiday . I am very fearful and have not agreed to it. Ex partner has gone to a solicitor and instructed I hand over their passports. What are my legal rights? He has parental responsibility as do I.
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Just to add I have had a non - mile against him in the past due to the DV
Customer: replied 9 months ago.
Sorry a Non-molestation order
Expert:  Clare replied 9 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 chidlren and are there any Court Orders in place?

Where does he wish to take the children?

Customer: replied 9 months ago.
They are 10 and 5 years old. There are no court orders in place.
He wishes to take them to Morroco
Customer: replied 9 months ago.
They are 10 and 5 yrs old. There are no court orders in place.
He wishes to take them to Morrocco
Expert:  Clare replied 9 months ago.

Does he have any family there?

Customer: replied 9 months ago.
Not that I am aware of, although has Moroccan friends. He himself is Somalian and I am British.He works in Dubai and Tanzania where he does have family.
Customer: replied 9 months ago.
Sorry did you receive my answer to your question?
Expert:  Clare replied 9 months ago.

My apologies for the delay

When did he last threaten to take them form you?

When does he wish to take them on holiday?

Customer: replied 9 months ago.
I can't remember exactly but has said it many times, he has to threaten me with it often- I have never stopped him seeing our children. He rarely sees them as is out of the country himself a lot- but is good to them when here. Because he has threatened to do it so many times I believe he may just act on it if given the chance.He wants to take them on Oct 22nd (half term). Is there any way I can stop him taking them out of the country ? Do I have that right?
Customer: replied 9 months ago.
Can I add he is wanting to take them to Morrocco in a name i do not know him by. The name on our children's birth cert is his real name but the booking of his holiday and other passport is in a name I do not know him by.
Expert:  Clare replied 9 months ago.

In that case you have every right to refuse to release the passports as there is serious cause for concern.

he cannot remove the children from the country without your agreement or an Order from the Court

You can either wait for your ex to apply to the Court for an Order allowing him to take the holiday (unlikely given the odd name issue) or you can make your own applictaion to the court for a Prohibited Steps Order preventing him from removing the children from the UK.

This is done using a Form C100 and paying the fee of £100

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

Customer: replied 9 months ago.
Thank you very much for your advice. It's been most helpful.
I shall apply for a Phohibited Steps order.
Expert:  Clare replied 9 months ago.

Good luck

Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Claire I would just like to ask you one more question in relation to above. If the children's father applys to the court to be able to take the children out of the country will they allow me to disagree and be able to state my reasons why? I have visions of him apply to the court and the judge agreeing with him without me being able to say why I don't won't him to take the children .
Expert:  Clare replied 9 months ago.

You will have a full opportunity to explain your very valid objections - please do not worry

Related Family Law Questions