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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1964
Experience:  Dual qualified Solicitor and Attorney
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I am looking for advice for a female friend. Her ex is

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I am looking for advice for a female friend. Her ex is interpreting the FPC contact rules unreasonably and is threatening to come to the children's school tomorrow with the police and take the children forcibly, even though he has had them for 2 weekends and is only meant to have them alternate weekends. What courses of action are open to her, even if the police don't come tomorrow? How can she stop him snatching the children against the FPC contact rules?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: She has emailed the Fam Court again today to ask for further clarification of the contact ruling, but the auto reply says it could take 10 days to answer.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: I think she's in Wokingham Borough.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so, thanks. Except the FPC contact ruling states "Alternate weekends" and also that dad can have the children for "half terms". He has decided this means both weekends either side of half-term (the last two weekends that have just happened) and then this coming weekend again because that one was one of the 'alternate' weekends before taking half-term into consideration.

Hi thank you for your message, she could take a step to get a prohibited steps order from the court which would prevent the dad taking the kids until a further hearing on the interpretation of the order. Prohibited steps are emergency type orders so a hearing and order should be granted in hours or days not weeks. To do this she will need to:

1) Read guidance CB001 on making an application: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

2) Fill in the C100 court form found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

3) Send the original form and 3 copies of it to the nearest court that deals with cases involving children, you can find the nearest court here: https://courttribunalfinder.service.gov.uk/search/

It costs £215 to apply for a court order. You may be able to get help with court fees if you’re on benefits or a low income and you can find out more here: https://www.gov.uk/get-help-with-court-fees

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