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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Protection or safe harbor order - return to England

Customer Question

Hi, My ex-husband has accused me of abduction. He did verbally agree to the move and later turned hostile. I had a residence order in my favor. I'm fighting it in high court remotely from a non-hague convention country. I have been requested by the court to return to the country with the child. Mother, father and child are British nationals.

I'm looking to apply for safe harbor order (protection of myself and child) from the court. Return to England will mean that I will face civil and criminal prosecution that will result in separation of myself and child. Child is under 7 years.

Can someone help me with wordings for safe harbor order please? Remotely fighting this case, I need some help urgently for safe harbor order. Thanks D

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
When did you leave and which country are you in.
What do you mean by a "safe harbour order" and which jurisdiction do you believe it refers to?
Clare
Customer: replied 1 year ago.

Thanks Clare. I left in Jan 2015. Since I had residence order, I was good till 1st week of Feb 2015. I'm in India currently which is non-Hague convention country.

Jurisdiction is England and Wales.

Safe Harbor Order - Protection order for me and my child as we return to a place where civil and criminal proceedings await us and we are ordered to return.

Meanwhile, the below from internet which I cut and paste.

http://www.iflg.uk.com/information-zone/faqs-child-abduction

I am anxious about what will happen if I am ordered back to the country from which I abducted our child originally.

You yourself will not be ordered to return: only your child.­ Of course you will expect and want to go as well.­ The Court should be asked to ensure that protective measures are put in place, known as “safe harbour orders”, so that you and your child return to a safe place and free from criminal or civil prosecution.­ The Court may provide that you are paid maintenance and that you have somewhere to live until the long term issues are determined by the Court.­ Without these safeguards in place, a court may not order a return.­

====================================================

My ex-husband has both civil and criminal proceedings against me. I was informed in April by email, after judge insisted mother has to be informed. I'm fighting civil proceedings in high court. The court after hearing me, have requested me to return with the child and requested that I be present for the future hearings in person. There is history of domestic violence against ex with non molestation order granted against him 3-4 years back.

I'm looking for independent legal advice that can help me with wordings for my protection from civil and criminal proceedings, and also protect against any separation from my child as I return.

This is also there in reunite.org, which I thought might be helpful.

http://www.reunite.org/edit/files/articles/Child%20Abduction-Case%20Management.pdf,

page 18 and 19 perhaps?

Expert:  Clare replied 1 year ago.
Hi
For clarity.
You are willing to return home with the child but wish to have safeguards in place to ensure that the child will not be removed form your care and that any existing Criminal Charges are placed on hold until the Family Court matters have been resolved - is that correct?
Clare
Customer: replied 1 year ago.

Thanks for the reply. This is correct. I would like a safe environment to return where I can work and support myself till the court decides long term what is good for the child.

Expert:  Clare replied 1 year ago.
Hi
That is not Unreasonable in the circumstances and is in line with what would be expected
The wording can be adapted from pages 18 and 19 of the Reunite document
Do you wish to send me a first draft and let me check and amend it?
Clare
Customer: replied 1 year ago.

Clare, I will be grateful if you can please help with the draft of the wordings please? I believe I'm ignorant on what can be done for adaption to my case, although I believe that it is a good reference.

Expert:  Clare replied 1 year ago.
Hi
i am willing to help with some wording - but please note that this would be on an additional services basis
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Clare. I have requested for additional service and the payment has gone through. Looking forward for your help.

Thanks,

Vidhya

Expert:  Clare replied 1 year ago.
Hi
I shall try and deal with this this evening
Clare
Customer: replied 1 year ago.

Thanks Clare, Looking forward to hearing from you today.

Expert:  Clare replied 1 year ago.
Hi
I am sorry - unexpected afternoon 9and almost evening) in court
I shall do this first thing for you
Clare
Customer: replied 1 year ago.

Thanks, ***** ***** today please?

Expert:  Clare replied 1 year ago.

Hi If I send you the basic wording can you fit it into the proper framework?

What Orders have actually been made so far

Clare

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