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Contact order

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23 Jan 08 #11534 by NonMolest
Topic started by NonMolest
My contact order says:

my xtb need to make child availabe for contact twice a week for 2 hrs.
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Warning: Where a residence Order is in force no person may cause the child to be known by a new surname or remove the child from UK without the written consent of every person with parental responsibility for the child or the leave of the court.

However, this does not prevent the removal of child, for a period of less sthan 1 month, by the person in whose favour the Residence Order is made (Sections 13(1) and (2) Children Act 1989)

It may be a criminal offence under the child abduction Act 1984 to remove the child from the UK without the leave of the court.
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My xtb is leaving UK alone on a holidays for 2 weeks and leaving our child dont where and with whom. Can she do it legally? Is it not a very bad thing in judge's eyes leaving 18 months old child with her relatives or somewhere I have no idea about.

Is there any way I can approach court and punish xtb if she does that. Please advice.

Thanks
NM

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23 Jan 08 #11543 by Fiona
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Oh dear. I can understand your frustration but approaching the Court to punish your x2b isn't the right way to go about things. Ongoing high parental conflict is one of the most harmful things parents can do to their children's emotional well being so separated/divorced parents need thick skins and to find non-confrontational ways of resolving issues. Parenting isn't about rights, it's about doing the best for your children.

That's not to say you can't assert your needs and how they can be met. Obviously feelings are very raw at the moment and you may be better off communicating in a business like manner through a third party such as a mediator or solicitor. What concerns you? Is it you just want to know where and with whom the child will be, are you concerned about the child being without Mum for 2 weeks, is missing contact bothering you or do you feel the child would be better off staying with you? :ohmy:

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23 Jan 08 #11547 by NonMolest
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Hi Fiona,

This is against the humanity to leave your 18 months old child with relatives or friends and not to tell me. She made 50 flase allegations against me saying i did this n this to my child so that I shudnt have a contact with her. And now just to make my life more complicated, she is going to file criminal charges against me and my family at my native country. She is not bothered abt our child at all and how my daughter will survive in her absence. This is not fair.

Everything is bothering me. I dont even know whether legally can she leave my daughter with someone else and go on holidays? I know and she knows our child will be better off staying with me ANYTIME but court not gonna give me my daughter. Because she dont want to tell me that she is going on holidays, that is why she is not taking child out of UK. Is there any way I can take/stay with my young daughter during my xtb holidays of 2 weeks?

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23 Jan 08 #11552 by Fiona
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OK.Whilst I agree it would be courteous for her to tell you where and with whom the child is staying I think you need to keep things in perspective.Your D will be alright being left for a couple of weeks. When I was that age I was in hospital 100 miles away from home for 18 months, my parents couldn't visit every weekend and I was fine.

Legally there is no reason why a parent shouldn't delegate care to someone else. In fact relationships with extended family are to be encouraged. Taking the child will do nothing for long term relations with your x2b - remember you will both be parenting your D for another 16 years. Besides, your contact order is only for 2 hrs twice a week and says nothing about holidays.

You aren't responsible for her behaviour, only your own, and in the long term it's in your interest to be seen as reasonable and have contact gradually increased to include overnights and holidays.

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06 Feb 08 #12978 by NonMolest
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Hello Guys,

My xtb made lot of elegations against me regarding our child and court is yet to hear full fact and finding hearing in May 2008. My xtb hasn't got any residency order yet (this is my understanding, I think my xtb will get residency of our child only after Judge hear full facts in may 08) I have got the contact order in place for 2 hrs ever week. But my xtb just took my daughter out of UK for 2 weeks, neither she informed me nor she told anything to court.

Is there anything I can do legally? Is it not my parental right to know about the whereabouts of my daughter? I am very confused and upset. Since she taken my daughter out of UK it means I will not be able to see my daughter for another 2 weeks. Isnt my xtb is in breach of contact order? My contact order is like:

The Court Orders: List the fact-finding hearing in Children Act proceedings for hearing with a time estimate of 2 days

Mrs Y do make child available for contact with Mr. X at a contact centre for 2 hrs per week
______________________________________________

Warning: Where a residence Order is in force no person may cause the child to be known by a new surname or remove the child from UK without the written consent of every person with parental responsibility for the child or the leave of the court.



However, this does not prevent the removal of child, for a period of less sthan 1 month, by the person in whose favour the Residence Order is made (Sections 13(1) and (2) Children Act 1989)



It may be a criminal offence under the child abduction Act 1984 to remove the child from the UK without the leave of the court.

_________________________________________________

Can I apply for any injunctions or anything like that?

please advice asap

Thanks
NM

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07 Feb 08 #13104 by Fiona
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You need to careful here. If you try to take your wife to court for every single thing you might be seen as vexatious and the court will stop you from making court applications without it's leave.

It would be courteous for your wife to negotiate arrangements with you, but there is no legal reason why she shouldn't take your D abroad on a short holiday and there is no rule that she must disclose her address. I think your best bet is to try and negotiate contact to make up for missing it whilst she's away, then keep a diary and bide your time recording any irregular contact between now and May to raise with the court if necessary.

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