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F E Smith
F E Smith,
Category: Family Law
Satisfied Customers: 14144
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I have a court order given to me in Kent that states my

Customer Question

I have a court order given to me in Kent that states my children reside with me and we can relocate to Scotland we have been here 3 years. My ex husband is entitled to access arranged my both of us he had access to the children in Scotland this weekend but on Monday morning he took them away and had taken them to London where he lives and refuses to bring them back even with the court order in place. Police in London refuse to enforce the court order and state its a civil case what do I do
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: there is already a court order in place
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It was done in dartford county court
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: He has previously been known for physical and emotional abuse to me. My case was previously heard at MARAC. And he’s recently been convicted this year for common assault against his ex girlfriend. He’s taken the boys out of school and they have no clothes with them
Submitted: 16 days ago.
Category: Family Law
Expert:  F E Smith replied 16 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

where do you live at moment?

and he is in London?

how did you contact Police?

Customer: replied 16 days ago.
I live in Glasgow, he lives in London, I contacted police Scotland to start with but as he had crossed the border to London it got passed to metropolitan police
Expert:  F E Smith replied 16 days ago.

The problem with the police in London is that you are in Scotland and you are dealing with it on the telephone.

I don’t know what communication there is between Scotland & London police forces but it would certainly be worthwhile going to your local Police Office and asking them to speak to each other.

You certainly have a complaint to make to the Chief Constable (or whatever he is called in Scotland) and the Independent Office for Police Conduct.

As it is, he is in contempt of court and you need to make an emergency application to court to enforce the order and ask the court to put a penal notice that unless he returns the children by a particular deadline (a couple of days hence) he is liable to be arrested.

Making an application for an emergency order is not really a do it yourself job. You would be better seeing a solicitor because you have more chance of getting it in front of a judge now than if you do it yourself.

You say he is refusing to return the children. You don’t say whether he is refusing to return them ever or whether he wants to keep them for another couple of days. If it’s the latter, it’s not really worth making an application on an emergency basis but you certainly do need the order extending to put a penal notice on it that if he does this again, he will be arrested. Then you can present that to plod and plod are under a duty to arrest him and charge him with contempt/breach of the order.

Because of his recent assaults against his ex, and because of missing school and because they have no change of clothes, this is certainly a child safeguarding issue and an emergency application is, in my opinion, essential.

This is actually child abduction and therefore in England you would be eligible for legal aid although I don’t know what the situation is in Scotland. You would apply to the Scottish courts because the Scottish order is applicable in England.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Best wishes.

 

FES

Customer: replied 16 days ago.
The court order was actually granted in Kent where I used to live I was advised I’d have to deal through English law.
He is stating he won’t return the children at all. He’s even telling them that he will get them signed up to football teams and telling them he plans to have all their belongings brought from my house to his how he plans on doing this I have no idea.
Police Scotland gave all the information over to metropolitan police on Monday evening as of yet I’ve still not heard from met police despite several calls
Expert:  F E Smith replied 16 days ago.

I am surprised that the courts in Scotland will deal with it but I guess they are using any excuse they can to get rid of it. If that’s the case, you are going to have to go back to the court that granted the application and it would be helpful if you used the same solicitors BUT do ask the solicitors if they do legal aid and do ask the solicitors, regardless, to make an application for the costs to be borne by the father.

The rest of my reply remains extant.

 

I cannot think for one moment what is going through his mind because if he carries on like this, he will end up in jail.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

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Thank you.

Best wishes

Customer: replied 15 days ago.
I have spoken with a solicitor and I’m looking at costs over £2000 as I cannot get legal aid due to finances I am entitled though as have previous domestic violence. I have researched it and I want to double check with you the forms I need to fill out.
Am I correct in thinking to have the boys returned I need to fill out form C79? Will that be enough to get them back to me or do I need to fill out form c100 also? thanks
Expert:  F E Smith replied 14 days ago.

The legal form system in Britain is a nightmare. The notes to assist people in completing forms are not much better.

There is already a Child arrangement order and therefore you are enforcing the existing order so it is C79.

If there was no existing order it would be a Specific Issue Order application to bring the children back or a Prohibited Steps Order to stop the children being taken.

Don’t be at all surprised if the court, for whatever reason decides it also wants C100, but I would let the court ask .I would suggest that you always sending your form with a covering letter stating exactly what you are applying for and why and if you can attach a witness statement to your application form so much the better.

 

This is the form of witness statements: https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements