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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34121
Experience:  family solictor with 25 years experience
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My ex partner is not returning our daughter. UK, none. no

Customer Question

my ex partner is not returning our daughter.
JA: Are you in the UK or are you in the States?
Customer: UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: none.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: UK Law
Customer: replied 11 months ago.
There is a court order in place that prescribes that my daughter is handed over on Sunday at 8am.
I received an email (Saturday night) from my ex saying she won't be returning our daughter.
We both have PR and our daughter lives with both of us equally.
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is your child and what explanation has been given for the refusal?

Customer: replied 11 months ago.
My daughter is 3 years old.
The explanation was based on the fact that my ex has concerns about my daughter's welfare. All concerns are completely unfounded. Unfortunately we recently separated and she is trying to do anything she can to create the impression that our daughter is unsafe with me. She has tried to take me to the court twice before and thankfully the court rejected all her unfounded concerns. This time she is concerned because was supposedly trembling during a handover and she wet the bed.
She is currently threatening to keep our daughter until the 23, when the hearing for an appeal she filed is.
Expert:  Clare replied 11 months ago.

When was the Order made?

Customer: replied 11 months ago.
14 July 2016
Customer: replied 11 months ago.
Should I expect any further response or not?
Expert:  Clare replied 11 months ago.

My apologies for the delay

How is the child's time actually shared between you?

Customer: replied 11 months ago.
We both have PR and the child "lives" with both of us. the time share is equal following a 4-3-3-4 schedule
Expert:  Clare replied 11 months ago.

You have two court options.

The most effective is to make an urgent applictaion tomorrow for

1. A Specific Issue Order regarding the hand over of the child and

2. a Prohibited Steps Order preventing her from removing the child from your care on the days you should have her.

You should ask for a Penal Notice to be attached.

The application is on a C2 since there are existing proceedings

Alternatively you can apply to enforce the existing Order using a C79 (again ask for an urgent Order)

My concern is getting Court time before the 23rd - on that basis the first option might work better

I hope that this is of assistance - please ask if you need further details

Expert:  Clare replied 11 months ago.

My apologies - I knew there was a third option but it would not come to mind!

You can use this form

https://formfinder.hmctsformfinder.justice.gov.uk/c003-eng.pdf

To get an Order that the Police help you in collecting the child

Customer: replied 11 months ago.
I guess all these applications can be submitted on Monday morning though as tomorrow is Sunday and the court is closed. Should I report the incident to the police? I know they can't do much, but at least there will be a record of this breach
Expert:  Clare replied 11 months ago.

No there is no point in involving the police - and it will almost be seen as an over reaction .

You have no reason to think that your child is not safe - and that would be the only reason for ever contacting the police in such situations

Customer: replied 11 months ago.
Thank you very much for your advice!
Expert:  Clare replied 11 months ago.

You are most welcome - I hope all goes well tomorrow