UK Family Law
UK Family Law Questions Answered by Verified Experts
Hello. Last year I have finalized a consent order in England with my ex wife about the custody of the child. In meanwhile I have moved abroad. She is now applying to an England court to modify the order. Is notice to be served to me personally abroad or it is sufficient that it is served to my uk lawyer?
If you have a solicitor acting for you or still on the court record, notice is adequately served on your lawyer.
Can I help further?
I am in Italy, the child is in Italy and the mother too. The child has been in Italy for the last year. What if I do not turn up at the hearing? Is there not a jurisdiction issue?
So you are all inItaly with no intention of returning but for some strange reason, she has issued inthe UK?
I am going to opt out of this for another expert. The thread will now open to all experts. There is no need for you to do anything and please don’t not reply otherwise it comes back into my inbox. Another expert, with the suitable expertise, will be along shortly.
A consent order was made in Oct 2012. The order was allowing mother to take child to Qatar temporarily up to Sep 2013. In Nov 2012 she moved away from Qatar to Italy (with my informal approval). We have all been living there since. I have shared custody.
She has now decided to move to another European country again on a temporary basis (one year). Se wants to apply in England for a change of the order, some sort of extension of the temporary removal.
I wonder if the jurisdiction should be Italy now and not England. The child has been living there since Nov 2012 going to school there etc.
I Claire, I need your advise outside this site. Can you provide your contact details please? Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).