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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I went to court to get an order to stop my wife from going

Customer Question

I went to court to get an order to stop my wife from going to nigeria, the judge made the order that she could go to nigeria but with restictions the she had to obey. One of the restrictions was that she had to be back by a certan date, now she has breeched the order by not being back by this date. I went to the police to see what i could do about it and they decided to do somthing about it and they phoned her and told her that they would arrest her when she returned. Now i am in negotiations through a 3rd party with her and she has said she wont return if she will be arrested. My question is can i go back to court to get the order disscharged so the the police would not have reason to arrest her?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you Are you certain that she intends to return to the UK with the children?
Customer: replied 1 year ago.

i have been informed by the 3rd party negotiator (my dad), that she intends to return to the UK if she is free (of arrest and further court action). If she will be arrested on her return, then obviously she won't be coming back. I have agreed that i will do my best to make sure that no court or police action will be brought against her as I need her to return with my children. I want to make an application to court to make sure than she is free to return, however i do not know how to go about this (what the application should be made out for) and also i need an urgent application.

Expert:  Clare replied 1 year ago.
When should she have returned with the children?
Customer: replied 1 year ago.

she should have returned by 11th june 2015.

Expert:  Clare replied 1 year ago.
If you notify the police that agreement has been reached and she will be returning with the children then they will take no action.You can get help and support from the charity Reunitewww.reunite.org.ukClare
Customer: replied 1 year ago.

As it stands currently, she will not be returning with the children. She has said that because she has breached the court order and that the police will still be taking action, that this leaves her with no choice but not to come back to the UK.

I have notified the police that unless they drop this pursuit of taking action against her (because of the court order), this means she will not come back! I need the courts to discharge the order (based on what the police officer said), so that the police will not take any further action. The police have informed that they will continuing taking action as long as she has breached the order.

Expert:  Clare replied 1 year ago.
The Police Officer is not correct - she does NOT have to be charged for the breach if she returns the children to the UK - indeed that is the usual basis onwhich such matters are settled.Speak to Reunite and they will help you take the necessary steps to endure her return with the children
Expert:  Thomas Judge replied 1 year ago.
Why did she not come back when she was due to come back?
Customer: replied 1 year ago.

Her reason was that she left her 'indefinate leave to remain card' (which i am sending to her) so she could not return.

Expert:  Clare replied 1 year ago.
The reason is not really relevant to the issue - if she continues to refuse to bring the children home thenyou can take action in Nigeria to force the issue
Customer: replied 1 year ago.

i am an english man so no court in nigeria will support me. yes i can get a solicitor and try and take action out there but effectively they look after their own. if i was nigerian then things would be slightly different. my children have dual nationality which means they are entitled to be there as they are here, so it would not go in my favour. my only action is to negotiate otherwise there is no real way of doing it.

Expert:  Clare replied 1 year ago.
AI appreciate the problem since they are not a Hague Convention country (which raises the question of why the court agreed)Do call Renunite - they will have experience of the country
Customer: replied 1 year ago.

i have already dealt with reunite. they have given me advice about a solicitor in nigeria, if i can't negotiate her return which is the process that i am in the middle of at the moment. so back to my original question which is can i go back to court to get the order discharged so the police would not have reason to arrest her? because i have tried everything else and got advice from a solicitor and the police, is to go back to court.

Expert:  Clare replied 1 year ago.
Did you ask Reunite about this issue - if so I am surprised that they were not more pro active.However that being the case you can indeed apply to the court to vary the existing Order by replacing the Return date with one in OctoberThis could be done by Consent with your ex confirming her agreement to the change
Customer: replied 1 year ago.

Yes i have had many a phone call with reunite but the best they came up with is a phone number for a solicitor in nigeria that is dealing with a similar case. Thank you for answering my question i understand what i have for, this has been helpfull.

Expert:  Clare replied 1 year ago.
That is fine.
I suggest that you prepare a Consent application with a long stop date of 31st October for the return to the UK.
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
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
Expert:  Thomas Judge replied 1 year ago.
Prior to the child leaving the country what orders did the UK court make - was the matter dealt with in the High Court?
Customer: replied 1 year ago.

No, it was dealt with by a family court. The court order is as follows: Permission to the mother to temporarily remove the children from the juristiction (UK) and to return to the juristiction of England and Wales by 11th June.

Expert:  Thomas Judge replied 1 year ago.

Firstly my colleague is correct that she will not be arrested on her return. If she does not come back then you would have to start proceedings in this country. Really the court should have put protections in place such as confirming that the child is habitually resident in the UK before the trip and also any necessary mirror orders in place.

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