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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4499
Experience:  LLB (Hons)
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Need help Asap, Holland on sea, 38 viking way Nuffink I need

Customer Question

Need help Asap
JA: Where are you? It matters because laws vary by location.
Customer: Holland on sea
JA: What steps have you taken so far?
Customer:*****Nuffink I need big help Over my kids An my ex partner
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thank you soo much
Submitted: 12 days ago.
Category: Family Law
Expert:  SASH_Law replied 12 days ago.

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?

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Expert:  SASH_Law replied 12 days ago.

Can you detail your legal query so that I can see if I can assist?

Expert:  SASH_Law replied 12 days ago.

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.

Customer: replied 12 days ago.
To respond to legal query ...I was living in Spain with my ex partner and 3 children. I sought my residential status but this has not been completed. My ex partner has got her residential status. She left Spain on the 2nd January. And would not return despite many requests to do so from myself. She went back to England to work and would never give a specific date of return. It turns out she was having an affair ( hence why she did not return). I remained in Spain looking after our 3 children with the support of my mum during the whole time she was gone. I cut contact with her other than to state that I would be returning back to England with the 3 children and would be in contact to discuss the arrangements with the children. She then returned back to Spain which I was not aware she was going to do last weem. She attempted to resolve the relationship however following the affair I asked her to leave the property we lived in. She got a denuncia at the Spanish police where I was arrested and taken to court the following day. I did not get any chance to share a view ans I was made to sign Spanish paperwork that I actually do not understand. She suggested thier was emotional abuse following from arguments that I and her had had about the affair. The Spanish courts sided with her (only took her view point anyways). They awarded her custody of the children and I would get some weekend access and I could not attend our property that we had together. So thier is already a Spanish court order awarded regarding custody arrangements however I do not believe this to be strictly legal as I had no say in the matter. Her 5 month abondement of the children was not able to be taken as they did not speak to me. She and my children are currently in Spain now. She was awarded a restraining order for 1 year so I can not make contact with her now either. I have returned to England as I have no where to stay and need to now earn an income. I wish to seek full custody of my children
Expert:  SASH_Law replied 12 days ago.

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.

Customer: replied 12 days ago.
Thank you so what happens should she return to England which I have a suspicion might be what she wishes to do. One in terms of locating my children and two. In terms of seeking custody
Expert:  SASH_Law replied 11 days ago.

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.

Customer: replied 11 days ago.
Would that be via mediation or would I go straight for the child arrangements order as she has already got a court order in Spain?
Expert:  SASH_Law replied 11 days ago.

Mediation is a requirement before you can apply. See the C100 form for info on the MIAM.