The Children are ten and six.The Court order was made on 29 November 2012.The order was made after my Daughter withdrew her section 8 application(?),and both parties agreed to this order being made,on the condition that if my daughter made a future Childrens Act application ,she would be responsible for any costs of a privately instructed social worker who might be required by the Court to prepare a report on the Children,subject to the discretion of the Court.
This was done,as both parties were, as now,resident in Spain. I think it relevant to say that my ex-son in law has now left his employment in Spain(He works for the EU as a scientist) and now works in The Republic of Ireland.He commutes back to his partner(Spanish),and they live in her house.
I should also say the Divorce and maintenance arrangements for my daughter and the Children was done in the English Court.
Children Act 1989
Before District Judge Robinson sitting at the Principal Registry of the Family Division,First Avenue House,High Holborn,London on 15th November 2012.
Upon reading letters from the parties' solicitors and the Applicant Mother's application dated November 1st to withdraw her Section 8 application.
And Upon the parties agreeing,acknowledging and accepting:
1) the jurisdiction of this court on any further issues concerning the above named children and
2)that on any future Children Act application submitted by the Applicant Mother she will be responsible for any costs of a privately instructed Social Worker who might be required by the Court to prepare a report on the children,subject to the discretion of the Court.
And noting the order of District Judge Bowman dated 15 November 2012.
The Court Directs
1.The Applicant Mother shall be permitted to withdraw her existing Section 8 application.
2.No order as to costs
Ordered by District Judge Robinson
on 29 November 2012 (Court stamp 11 Dec.2012)
Because it is her intention to move back to the UK when the school year ends in Spain in June of this year.
She has not got the Fathers agreement to move.He wants to take the Children to the Republic of Ireland.He was born in Northern Ireland,but brought up in the South by his Grandparents.
She wishes to keep all legal matters in the UK,so I come back to my original question which is if a Court Order is made in one EU country,can it be overturned by a new order in another EU country.I was under the impression that an EU agreement exists which says that an Order stays in the originating Court,and can only be moved in exceptional circumstances,and only with the agreement of both Courts.
Thank for the reply.I would like you to confirm that,for whatever reason ,if my Daughter remains in Spain,she can still insist that all matters regarding the children are decided by the UK Court.
H R Crowther