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She is moving the furniture slowly slowly!!

  • Confused67
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29 Jun 12 #339947 by Confused67
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Hi all, again.

As many of you know, my ex has said that she is going to move the children to France to be with her new partner.

SInce she denies me any contact but a weekly Skype call, I have taken the matter to court and we have our first hearing in August.

I also told her that she is not to remove the children from the UK before the matter is settled in court. She said she is not going to.

Now, each time i log on Skype to talk to my children I notice furniture being removed. Today was the biggest shock as the whole wall behind her desk was empty and EVERYTHING was inside plastic boxes, ready for removal!!!

My solicitor advised me against a PSO claiming that the judge will see this as aggressive, so I haven''t filed one against her.

My question is: What happens if she actually moves the kids to France while we have the court case pending?

As I have found out, after three months of living in France, the children are removed from UK juristiction and I have to file for a case in France. But I don''t even have her address there!!

WHat should I do and how can I get her address in France??

How can she do that to them???

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12 Jul 12 #342736 by jonathancj
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I don''t see why you shouldn''t play safe and ask her to provide a written confirmation that she will not remove them to France pending the outcome of the application and provide you with the French address she wants to live at in due course. If she refuses, draw your own conclusions.

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12 Jul 12 #342814 by Confused67
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Thank you jonathancj for your reply.

I did exactly as you said, three times.
Nothing.

Then a week ago I received a two lined e-mail stating that my solicitor will hear from her solicitor shortly and a lot of whining about so much wasted money and not to appear on their door. Nothing more.

Neither I nor my solicitor have received a single word from anyone and I still do not know her intentions on the matter.

I just hope that her grumpiness was due to her solicitor telling her she needs to apply for a Leave to Remove since I didn''t give her my consent. But this is just a hope...

Best, C

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13 Jul 12 #342876 by stepper
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I was interested to read your solicitor''s opinion that a prohibitive steps order would be seen as aggressive.

My son''s ex. filed a prohibitive steps order against my son in 2010 stating that my son was about to abduct his children.

It was completely untrue but that didn''t stop her solicitor advising my ex. dil to file it. She actually came to Court on the day of Hearing and offered contact to my son.

I have come to the conclusion that some Family solicitors are themselves too aggressive when advising their clients. They can make matters difficult for the parents to come to a compromise and in doing so, actually work against the best interests of the children.

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13 Jul 12 #342877 by jonathancj
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Family lawyers can be too aggressive? you haven''t been reading this by any chance have you?

vardags.com/2012/02/17/what-makes-a-top-...asper-vardag-hunter/

;)

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13 Jul 12 #342884 by Confused67
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stepper, I understand that in your son''s case this was totally unecessary and unfounded. I still though, wonder if in my case it would be a way of solving things without me racing against the clock.

If she moves the children and they settle in the new country, then after 3 months they are not under UK jurisdiction and I will have to file all over again at the French courts. This will cause more delays and of course, more money to be spent on a matter that shouldn''t be for court to decide in the first place.

Meanwhile, it might take a year until I see my children again...

jonathancj: and the author of the article was not even a lawyer... lol

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13 Jul 12 #342896 by stepper
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No jonathan - I have not been reading anything.

All based on my own observations and the experiences that my son has been unnecessarily put through over the last two years.

When the prohibitive steps order of 2010 was followed by an attempt at an Ex Parte application in 2011 for no contact at all for my son, my opinion about the scruples of some family solicitors was confirmed and reinforced!

Naturally the Ex Parte application failed as my son is and always will be, a good father to his children.

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