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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35069
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Up until now I have been insisting that I accompany the

Customer Question

Up until now I have been insisting that I accompany the children when my ex is visiting them because he is a foreign national and I am worried he will take them. Also because there is an ongoing court case and I am worried he will tell them more lies. Can he contest this? Does he have a right to see them on his own how would he have to go about enforcing that right? I want him to come once every 2 weeks and have a weeks holiday can I petition for this as yet there is no court order. We were never married we don't live together. He is on the birth certificate. We is visiting once every two weeks now over the weekend.
Submitted: 4 months ago.
Category: Family Law
Expert:  Thomas Judge replied 4 months ago.

Is this in the UK and are there family court proceedings?

Customer: replied 4 months ago.
This is in the UK when he visits, court proceedings are happening in Germany. He has just been awarded "gemeinsame sorgerecht" I am going to contest this. The children have not yet been heard nor I.
Expert:  Thomas Judge replied 4 months ago.

You can apply to the court for either an order that the contact remains supervised (there would need really to be safeguarding concerns) or you can apply for a prohibited steps order to prevent him from removing the children from your care.

Customer: replied 4 months ago.
How can I have recourse to protection here when the case is still open in Germany?
Customer: replied 4 months ago.
Can I apply for any of these orders in the UK whilst the case for joint care "sorgerecht" is still open in Germany?
Expert:  Thomas Judge replied 4 months ago.

The ideal scenario is to seek such an order in the German proceedings.

Expert:  Clare replied 4 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

The contact you have described would not be seen as acceptable by the courts in the UK.

However, given the complicated nature of your position - and the fact that the UK courts do NOT have Jurisdiction to deal with the matter as the children have not lived here for more than six months I can understand your concern that he might return with them to Germany.

You should seek advice form the charity Reunite

about the most practical way contact can be managed in a way that does not involve you