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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How do we get a definitive contact order with my husbands

Resolved Question:

How do we get a definitive contact order with my husbands child. The child has now been out of the country for 7 and a half weeks without consent (but there is nothing in law). We are worried that she either does not come back or this may happen again. We have telephoned the police but they cannot do anything, we have also phoned the school and the attendance officer. Any help will be greatly appreciated.  She is 9 years old and is with her mother who thinks she can keep her off one day from school per week and a man called Benjahmin who we do not know.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and which country has the child been taken to?
What contact does your husband usually have?
Clare
Customer: replied 2 years ago.

he has eveyother weekend as normal. It isnt in a court order just a civil order and she is only nine years old and has now missed over a week of school

Expert:  Clare replied 2 years ago.
Hi
Which country is the child in at the moment?
Clare
Customer: replied 2 years ago.

We are not sure but she was in spain.

Expert:  Clare replied 2 years ago.
Hi
Does his ex have family over there - can she and the child be traced at all.
Clare
Customer: replied 2 years ago.

No family over there but she has gone with her boyfriend who has done some music gigs we believe. She has now told the school she will be back on Monday but we still need to sort out proper contact if she does come back.

Expert:  Clare replied 2 years ago.
Hi
Not only do you need to sort out regular contact you need to make sure that this kind of disappearance cannot happen again!
Is your hiusband and named on the birth certificate..
If so were he and his ex married - if not which month and year was the child born?
Clare
Customer: replied 2 years ago.

He is named on the birth certificate but they were not married. Childs birth is June 2005.

Customer: replied 2 years ago.

He is named on the birth certificate but they were not married. Childs date of birth is June 2005.

Expert:  Clare replied 2 years ago.
Hi
That is fine - he has parental responsibility for the child which is what I needed to know,
He has two choices at this point.
He can wait until his ex returns to the country and offer to discuss matters with her using family mediation (www.familymediationhelpline.co.uk) and agree a. Parenting plan regarding the arrangements for the child which can turned into a Consent order once agreement has been reached.
Alternatively he can make an immediate applictaion to the court for a Child care arrangement to deal with contact (alternate weekends plus half of all school holidays) aand a prohibited Steps Order to prevent his ex removing the child from the UK without your husbands agreement or an order from the court.
He could make that application tomorrow and ask for it to be listed the week after he expects his ex to return to the UK
I hope that this is of assistance please ask if you need further details
Clare
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