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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4518
Experience:  LLB (Hons)
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What context to use in C100 form when kids got abducted to

Customer Question

What context to use in C100 form when kids got abducted to UK ?
Submitted: 18 days ago.
Category: Law
Expert:  SASH_Law replied 18 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

Kindly explain more about what you are trying to do. Are you the person who has abducted the kids or the one trying to get them back?

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Expert:  SASH_Law replied 18 days ago.

Kindly explain more about what you are trying to do. Are you the person who has abducted the kids or the one trying to get them back?

Customer: replied 18 days ago.
I am the person trying to bring back to India and they are abducted to UK but the first thing I have to is stop them for applying British passport for the kids as currently they hold Indian passport and for that you suggested earlier C100 form need to and I found out that for consent MIAM is not required but when I tried to fill this the context of the form is not matching with the situation
Customer: replied 18 days ago.
With this C100 form, one can get consent in the scenario when other parent is trying to abduct the kids but in my case kids are already abducted and brought to UK and in the form all the questions are taking kids out of UK
Expert:  SASH_Law replied 18 days ago.

That's a specific issues order that I referred to previously, to get the court to order that British passports cannot be obtained without a further court order. See my previous response about that, it still holds. A MIAM is required for EVERY C100 application UNLESS you meet one of the exemptions on the form.

However, in relation to having the children returned to India, you need to report the abduction in your own country - and my understanding is that the parent with the children in their care in India is free to remove them from the country if they want to - i.e. in India it is not a crime for a parent to do that. It is a crime in the UK, but since the act didn't occur here and India is not part of the Hague Convention, you may struggle to get the children returned.

That said, I would suggest you initially contact ICACU - which is the unit that deals with child abduction in this country. As above, India is not on the list of countries, but given that the mother and children are here, they may be able to assist you. See the link below for the application form and the guidance notes for completing it - read it thoroughly.

I would also strongly suggest that you instruct a solicitor -

Customer: replied 17 days ago.
I contacted ICACU but they can’t help
Customer: replied 17 days ago.
What would be the nature of application under C100 ?
Customer: replied 17 days ago.
In consent type application, no mediation is required
Expert:  SASH_Law replied 17 days ago.

The nature of the C100 application was explained in the previous thread about passports, kindly refer to that.

If you have new, different questions, kindly open a new thread.

Customer: replied 17 days ago.
It wasn’t clear that’s why I am asking it and in the previous thread you were asking to raise new question and now you are saying refer to previous thread, can you please clear the answer instead?
Expert:  SASH_Law replied 17 days ago.

What exactly was not clear?

Expert:  SASH_Law replied 17 days ago.

To be clear on you being asked to open a new query - you asked about ABDUCTION, which was a very different question to the previous one which was about PASSPORTS.

Expert:  SASH_Law replied 17 days ago.

What are you trying to do on the C100 - raise an issue about abduction? You can't. It's not for that.

If you are trying to stop passports being issued, you can use the C100 for that.

You can also use the C100 to ask for the children to be returned to your care (if they were indeed in your care before your wife returned with them to the UK).

Expert:  SASH_Law replied 17 days ago.

Can I clarify anything further?

Customer: replied 17 days ago.
The problem is child got abducted already and bought to UK and applying for British passport and the questions in C100 are other way around to stop kids passport to avoid abduction, I hope now you are understanding the question now ?
Expert:  SASH_Law replied 17 days ago.

I always understood the question - you were the one that said things were not clear, so I am asking YOU to tell ME what it is you don't understand.