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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.
she should have returned by 11th june 2015.
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.
Her reason was that she left her 'indefinate leave to remain card' (which i am sending to her) so she could not return.
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.
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.
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.
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.
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.