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Contact Order and Leave to Remove

  • Confused67
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20 May 12 #331734 by Confused67
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Hello all.

Many have already read and replied (thank you for that) in my other threads, concerning my ex wife relocating to France with our two children age 5 and 7.

Friday I send her an e-mail stating clearly that she does NOT have my permission to relocate the children to France.

At the same time I asked my solicitor to prepare and file a Contact Order on my behalf (this will happen tomorrow, Monday).

I have a couple of questions for you:

1. How long do Contact Order proceeding last?

2. Now that I have refused consent in writing to her, does she HAVE to apply to court for Leave to remove?

3. If yes, to the above, can these two proceedings be dealt with together, meaning inside the same time frame or should the Contact Order be issued first and then the Leave to Remove be dealt with?

4. Do I HAVE to inform her that she now has to apply to Court in order to remove our children from UK Jurisdiction? (she seems to have been advised that she doesn''t have to do anything, just pack them up and leave.)

Any help and?or advise will be greatly appreciated.

  • sexysadie
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20 May 12 #331759 by sexysadie
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I assume that your having formally refused permission (good to back the email up with a letter, though) means that she will now have to apply for leave to remove.

However, it might be better if you took charge here and applied yourself for a Prohibited Steps Order. That would mean that you could start by setting out why it is not in the children''s interests to move and she would have to respond.

I don''t know whether this can all be dealt with alongside the contact order, though it would certainly make sense if they were as contact would presumably be different if the children were living in France.

Best wishes,
Sadie

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20 May 12 #331766 by Confused67
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Thank you Sadie.

My solicitor argued against a PSO, saying that in her experience a PSO is being seen aS aggressive and selfish by Judges. Initially, it was what I wanted, too but I guess I should trust her judgement?

Sending her a letter alongside the e-mail did not cross my mind. I guess I thought that an e-mail is considered as a formal means of communication, too.

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20 May 12 #331768 by sexysadie
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Then maybe you should at least get your solicitor to point out that as you have witheld your consent to the move she will need to apply for leave to remove the children - and that if she takes them unilaterally you will take legal action to get them returned. You would need to be prepared to be the parent with care yourself in this case, though, and have thought through how you would deal with childcare etc.

Best wishes,
Sadie

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