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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to apply for a Child Arrangement Order tomorrow. I

Resolved Question:

I need to apply for a Child Arrangement Order tomorrow.
I have parental responsibility for my 20 month old daughter.
There is a possibility that my partner who is not a UK national may either not return from a non authorised trip over Christmas or if she does will be leaving the UK again shortly.
Her county of origin, nationality, and final destination are not signatories of the Hague convention.
In view of her disregard for the law and the urgency involved can I
1. Disregard the requirement of mediation.
2. Apply on a 'without notice basis'
Although we stopped living together mid November for geographical reasons she is in London with the baby and I in the west country we had not separated.
I also need to know which court to make the application to (where the baby lives or where I live)
many thanks
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.
Have you spoken to Reunite?
Clare
Customer: replied 2 years ago.

Yes great organisation

Customer: replied 2 years ago.

I have reported the non authorised visit to the police and have incident numbers ect.

Expert:  Clare replied 2 years ago.
Hi
They are incredible aren't they - you can rely on them for help if the worst happens and the child is not returned (I sincerely ***** ***** you do not have to)
You can indeed ignore the Mediation requirement and apply without notice (exemption 13c)
You should issue close to where the child lives.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you so much for your help.

I will need the passports to be surrendered if she returns, or will this require a separate prohibitive steps order.

My daughter apparently not only has a UK passport in my name but also a Russian one in the mothers family name. ( surreptitious acquired ) I will also need some sort of order preventing her from obtaining a replacement Russian passport.

Do you know the costs involved, ideally I can roll the issues into one order.

Many thanks

Expert:  Clare replied 2 years ago.
Hi
All of these go on the same Application - you need a Specific Issue Order for the production of the Passports; a Prohibited steps Order in respect of leaving the Uk and obtaining a further passport!
All covered by the one fee!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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