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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was granted a court order compelling my ex wife to return

Customer Question

I was granted a court order compelling my ex wife to return our two kids to me. I sent them to her for holidays with an agreement with witnesses that they would be returned after two weeks. She has continued to refuse despite the court order. What are my options now? And does she have to comply with the order first before she can even apply for setting aside of the order
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Which part of the Uk are you in

Customer: replied 1 year ago.

Surrey

Expert:  Clare replied 1 year ago.

Is that where the children are as well?

Customer: replied 1 year ago.

London

Expert:  Clare replied 1 year ago.

What was the wording of the Order that you obtained?

How old are the chidlren?

Customer: replied 1 year ago.

The kids are 11 and 7.

The wordings were that the defendant should return the two children immediately to the father or his representative

Expert:  Clare replied 1 year ago.

What steps have you taken to recover them since the order was made?

Customer: replied 1 year ago.

I sent my Aunty but my ex wife still declined. That's all we have done. There was a sitting where her counsel was told to comply or the client would face contempt charges

Expert:  Clare replied 1 year ago.

Have you asked the Police to assist you?

Customer: replied 1 year ago.

Not yet. Can you give me a comprehensive position

Expert:  Clare replied 1 year ago.

The first step is to ask the police to accompany YOU to go and collect the children.

You should show them the Order - and they should be willing to assist you.

If they refuse then you need to make an ex parte applictaion using this form

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1997/c3_0999.pdf

Form an Order requiring the Police to help you recover them.

Please ask if you need further details

Customer: replied 1 year ago.

And does she have to comply with the order first before she can even apply for setting aside of the order

Expert:  Clare replied 1 year ago.

No I am afraid not

Customer: replied 1 year ago.

Would her application have any impact on the court order

Expert:  Clare replied 1 year ago.

If she applies to set it aside and is successful then yes.