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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1156
Experience:  LLB (Hons)
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I applied to a C100 with the court because i want an

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Hi, I applied to a C100 with the court because i want an specific issue order and a child arrangement order and enforce the existing one. There is an existing child arrangement order, but mother has been disrespecting visitations and video calls ordered by the court and now let the child out of thecountry without permission of the court or myself with the grandparents. Mother is in the UK, as me, but child is in Portugal at the moment against court order. court sent me an email saying "Please inform the applicant that if this is a child abduction matter you should contact the Central Authority. Please provide a summary of the relevant background of the case e.g. when the child went to Portugal and if you believe the child has been removed permanently." what should i do now? mother agreed to bring child back tomorrow

Hi, I'm Lea and I have reviewed your query.

 

I think I assisted you previously regarding this matter, but you said you wanted to seek enforcement of the order you had, not report the grandparents for child abduction. Is that what you actually want to do?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 8 days ago.
Yes that is correct, you assisted before. Thank you for your help so far. All I want is my daughter back to the country and that this does not happen again. So after letting the mother know that I filled a C100 to retrieve the child, the mother agreed to bring the child back tomorrow. I want the court to look at this and do something to prevent this from happening again. I can send a copy of the order I placed if it helps (did it online).

I don't need a copy of the application at this stage.

 

Do you trust the mother to return the child tomorrow?

Customer: replied 8 days ago.
For the best interest of the child I want to believe that the mother is willing to cooperate and bring the child back. Taking the matter to the Central Authority can harm future cooperation that a court order review could prevent. For example a review of the child's residence or give the passports to me, the father, can prevent future runaways. but of course I am expecting a real physical prove that the child is back to the country.

If you want enforcement of the previous order, you can continue with that application - inform the court of that and state that you do not wish to use the CA as that will likely damage relations between the parties, but that you are concerned enough that a court needs to review the matter so that the mother does not act in this unilateral manner again in the future.

 

If the child is not returned tomorrow, then I would suggest that the mother is going to ignore all your reasonable requests and you will have no choice but to go to the CA. I can give you the contact details if you need those.

Customer: replied 8 days ago.
Yes please. Please provide me the contact. Thank you for all the help.

High Court in the UK - the International Child Abduction and Contact Unit isopen 9 am to 5 pm - their contact details are as follows:

International Child Abduction and Contact Unit
Office of the Official Solicitor
Victory House
30-34 Kingsway
London
WC2B 6EX
Email: [email protected]
Tel: + 44 (20) 3681 2608 (10.00am to 4.00pm)
Fax: +44 (20) 3681 2763

ICACU will assist you with the forms you need to complete and will directyou to a solicitor if you do not have one that you wish to use.

 

Please rate positively. Thank you.

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