UK Family Law
UK Family Law Questions Answered by Verified Experts
Why has she done this? Do you think that she is likely to remove the child from the area or go abroad?
There is obviously more to this.
It is indeed a C79 application. If He thinksat the child might be removed from the country or taken to another area, then the process may be eligible for legal aid. Legal aid is only applicable in cases of abduction or violence with regard to family matters.
Apart from enforcing the order, if there is a possibility of the child being removed, it would be necessary to make an application to court for a prohibited steps order also to prevent the child being moved or taken away
The application would better be made by a solicitor and can be done without notice if there is a chance that the child’s welfare is at risk.
If the mother may be unstable, it would also be worthwhile referring the matter to social services.
The way to get this in front of the court on an urgent basis is to attach a certificate of urgency (a letter) giving details of why the matter is urgent and asking for the court to hear it on an urgent basis.
The urgent application will carry more weight if the certificate comes from a solicitor. If the court is satisfied that the matter is indeed urgent, the court can make an interim order pending a full hearing. The whole thing could be in court within 24 hours.
If she has done this before and breached the ordered she may face a criminal sanction in the form of community service. Ultimately, if she continues to ignore the court, she can be given a short custodial sentence.
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