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Devastated - Ex talking daughter to France to live

  • madaboutcars
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23 Jul 12 #344886 by madaboutcars
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Got a phone call from the ex to tell me she is moving to France in October and taking my daughter with her - apparently she has had a fantastic job opportunity which she cannot refuse.

The ex and her partner have no family in France, her partner family live here, her family are dotted around the world, mainly south africa, switzerland, germany.

I believe that she is doing this to stop my contact, or at least restrict it - we have had many court appearances where she has tried to reduce contact - and now this!!

She has told me she is applying to the Courts to have the Order changed. I told her straight away, I will fight her. I am going to apply for residence as well.

We have had history with CAFCASS and SS (do I inform SS??)

Not sure what to do now, feel like a sitting duck - do I wait for the courts to send papers to me, do i contact them?? do i start the ball rolling, do i contact a solicitor???

My mind is going crazy - if ever i have needed my Wiki pals, I need them now

  • DrDaddy
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23 Jul 12 #344889 by DrDaddy
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How old is your daughter, and what contact do you have at the moment?

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23 Jul 12 #344890 by madaboutcars
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My daughter will be 8 in August.

I see her Friday evening to Sunday evening, once a fortnight plus every Wednesday for 2 hours.

Holiday contact is 2 weeks in summer, 5 days at Christmas and 5 days at Easter.

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23 Jul 12 #344893 by u6c00
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I believe that what will happen is that she will apply to the court for leave to remove the child. The court will then schedule a hearing for Directions and write to your ex, who will be required to serve you with a notice of proceedings. At that first hearing I believe you will be given the opportunity to consent to or contest her application.

Beyond that immediate procedure I don''t know for definite. I imagine that you will both need to submit statements, and perhaps Cafcass will need to be involved again. They may speak with your daughter for her wishes and feelings.

I would speak to a solicitor as soon as possible. I don''t know whether it would be appropriate to take out a Prohibited Steps Order in the circumstances, a solicitor or another wiki user might be some help there.

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23 Jul 12 #344894 by Lori321
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I am not too sure as to the legality of things but she is your daugter and u have a right to see her. For your own piece of mind I would talk to a solicitor rather than waiting. I know that i would not have being able to taken my children out of the country as we had joint residence although they lived with me

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23 Jul 12 #344895 by u6c00
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You should probably work on making sure that you would be able to cope if residence were hypothetically awarded to you. i.e. have a plan ready for a home, finances and schooling, as well as how you would make sure that contact with your ex might work.

If there are any changes that you would need to make in your life for these you should probably do whatever you can now (for example if you rent a house, perhaps you need a bigger house or closer to your daughter''s school), or if your daughter would need to change schools make sure that there is an appropriate school with places nearby.

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23 Jul 12 #344896 by zonked
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Am sorry to read of your news. I think an LTR application is the one thing I and all NRP''s personally dread.

Not all of them are sucessful. Simply digging in will cause delay and cost for the ex - time perhaps for accommodation to be lost, job offers withdrawn, your dtr to get a bit older and have a stronger voice.

I guess the first step is to seek a PSO to prevent your dtr leaving the UK and serving the order on the border agency.

It''s inevitable that CAFCASS will do a report and will contact the other agencies involved.

Once again, you have my sincere sympathies.

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