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Hi, I’m Lea and I will be assisting you with your query today.
Can you detail your legal query so that I can see if I can assist?
The following is useful info to assist you with the site:
If you and the other parent cannot agree on the child arrangements you should try mediation as a first port of call; you will need to attend a MIAM at the very least before applying to court. If mediation is unsuccessful or the other parent won’t engage, the mediator will sign your form and you will be able to apply to court for a child arrangements order.
You do this on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.
Find a mediator here: www.familymediationcouncil.org.uk
C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf
EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf
E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf
If I can clarify anything for you, please ask.
I'm afraid that given that the Spanish courts have accepted jurisdiction, and the children are now in Spain under a court order living with their mother, that is where you will have to challenge the orders.
England only has jurisdiction if the children were habitually resident here, which they have not been. You can find Spanish lawyers here; https://e-justice.europa.eu/content_find_a_lawyer-334-en.do
You will not be able to start legal action in the UK.
As soon as she returns to England, if it is to live here permanently, you can apply to the English courts. See my first response for how to do that.
Mediation is a requirement before you can apply. See the C100 form for info on the MIAM.