How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Family Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

My brother has a residence order which provides for his son

This answer was rated:

My brother has a residence order which provides for his son (aged 7) to reside alternate weeks (50:50) with him and his exwife. The ex wife has previously attempted to get the order changed in her favour without success. She has now taken the boy without agreement during a week when he should be residing with his dad and has indicated by email that she will not allow phone contact and has no intention of returning him. This is the first breach of this nature, but she has previously breached other aspects of the order (eg failure to hand over the boy's passport). We understand that enforcement us by way of a C79 application, but how can we get this dealt with quickly? If we want to make a 'without notice' application, do we have to serve papers?

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

What does the order say exactly?
Customer: replied 4 years ago.
There are two orders in place - the original residence order and a subsequent specific issues order (applicant in both cases was my brother). The residence order provides that "he shall reside during school term for 7 days with father and thereafter 7 days with the mother, alternating thereafter on a weekly basis." The alternating week arrangement also applies to the summer holidays (which began today) save that each parent can seek the agreement of the other to a two week holiday period.

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.




Does that answer the question? Can I help further? Can I answer any specific points?

Please don't forget to positively rate my answer service even if it was not what you wanted to hear. You should now see a series of buttons which enable you to rate my answer service formally.
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating.
It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.
The thread does remain open for me to answer follow-up questions after rating my answer service.

Stuart J and 3 other UK Family Law Specialists are ready to help you