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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33016
Experience:  25 years experience of all aspects of family law
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Hello. Last year I have finalized a consent order in England

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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?

Customer: replied 3 years ago.

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 in
Italy with no intention of returning but for some strange reason, she has issued in
the 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.

When was the Order made, when did the child move permanently to Italy and what change is being requested?
Customer: replied 3 years ago.

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.



Since the child has been resident in Italy for more than 12 months you are correct - it is Italian Family Law that applies in this matter.
Rather than ignoring the UK proceedings you should instead notify the UK court that the matter is now under the Jurisdiction of the Italian Courts
I hope that this is of assistance - please ask if you need further details
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33016
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I Claire, I need your advise outside this site. Can you provide your contact details please? Thanks.

Sadly we are not allowed any contact outside of this question and answer forum

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