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seanferguson13
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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My daughter has been granted permission by a circuit judge

Customer Question

My daughter has been granted permission by a circuit judge to take her son to a nearby school. This was in agreement of a previous family court hearing. Instead of taking the boy to school today, (the father is against this school) he has gone off with both his children to an unknown place. The police are now investigating. Can the judge issue a warrant to arrest him for the breach of this court order....by a judge?
Submitted: 3 years ago.
Category: Law
Expert:  seanferguson13 replied 3 years ago.
seanferguson13 :

Hi there, I will endeavour to assist with your query.
I believe you are conflating two issues - the civil issue and a potential criminal issue. If the circuit judge was sat in the County or High Court we are dealing with a civil matter. If the father has not adhered with the decision of the court then your daughter can apply under thee Civil Procedure Rules for an "Enforcement Order" and ask the court for directions on how the decision should be adhered to. If this Order is then breached then there will potentially be a contempt of court which is the criminal offence which can be referred to the police, CPS and criminal courts. In addition there may be further offences that you can refer to the police now completely unrelated to the civil issue - e.g. taking the children without permission.

seanferguson13 :

Is there anything else you would like to know?

Customer:

How quick and costly should this be. Does it involve having have a full court hearing and directions....again

seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience: 3 year qualified solicitor with expertise in UK taxation.
seanferguson13 and 2 other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
Things are not as bleak as it sounds but the matter will have to be dealt with under Civil not Criminal Law.
Your daughter needs to have an urgent hearing for an Order to be made allowing the Police to recover the children and place them in her care - possibly permanently
The Form for that is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c003-eng.pdfand it can be issued immediately
At the same time she can apply to enforce the Child Arrangement Order and the form for that is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c079-eng.pdf
As you can see imprisonment is one of the options that the court can decide to exercise
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Clare replied 3 years ago.
Hi
I am sorry that the answer you accepted was simply not correct
The forms that you need are above and since there are existing proceedings the fee should be £95
If the forms are filled in and taken to the court in the morning there is a possibility of an emergency hearing tomorrow afternoon so that the Police can be asked to trace the child and return the child to the mother
Clare