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Child Abduction nightmare..

  • stvert
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31 Mar 10 #195564 by stvert
Topic started by stvert
Hi

I have got intermin contact order after separation form my wife to see my son.I was allowed to contact my son at a contact centre for 30 minutes later this was increased to 1 hours in next hearing.

In second hearing my wife asked for a supervised contact at a supervised contact centre and she also requested to go for 4 weeks holidays oversea.She gave an undertaking and was allowed for 4 weeks holidays oversea.But after 4 weeks she refused to return with bogus medical certificates claiming she is unfit to travel.

I started wardship proceedings and was granted wardship order ordering my wife to return to uk with my child and child is a ward of court.But she remained oversea for more then one year in breach of this order.I also returned back to my home country.When I started family proceedings in Uk she ran away back to UK with my son.

Now problem is I am going to start family proceedings in Uk and my solicitor has send C100 and C1A and C100 form to sign.
After reading this application I am really confused and dont know what the hell my solicitor is going to do.
1.She is going to apply for defined contact order indirect and direct.

Now my question is can my ex wife can say she is happy for indirect contact and she would give me telephony contact every week.As I am not in Uk so she can not go for direct contact.What judge would order knowing I am not in Uk(I need visa so God know would I get visa or no)..Would he only go for indirect contact or he allow direct contact as well.

2.My wife has written her solicitor address in place of her resident address.Like she was written C/O Bright solicitor Manchester ML3 4RF

What is logic behind that?

3.My solicitor has not written an detail of warship order already in place and have not mention child abduction clearly.

What my solicitor is doing?

Is he right or he is messing everything.

I am very desperate for help.

Stvert

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01 Apr 10 #195654 by Fiona
Reply from Fiona
Your solicitor is doing fine.

1) It isn't a question of either or, the application is for indirect *and* direct contact. Indirect contact can be letters, emails, phone calls etc in the periods between direct contact. The courts presumption happens to be when a child lives with one parent they should know and see the other parent, unless there are exceptional reasons not to.

2) Perhaps your wife wants all communication addressed through her solicitor???

3) There is no need to go into detail with the application form, each party has the opportunity to state their position later.

Hope that helps. :)

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01 Apr 10 #195664 by stvert
Reply from stvert
Fiona wrote:

Your solicitor is doing fine.

1) It isn't a question of either or, the application is for indirect *and* direct contact. Indirect contact can be letters, emails, phone calls etc in the periods between direct contact. The courts presumption happens to be when a child lives with one parent they should know and see the other parent, unless there are exceptional reasons not to.

2) Perhaps your wife wants all communication addressed through her solicitor???

3) There is no need to go into detail with the application form, each party has the opportunity to state their position later.

Hope that helps. :)



Thanks Fiona

You are always a great help.

The doubt in my mind is if judge only allowed indirect contact like phone,cards ect and ignore direct contact completely saying I am not in Uk then What would happen.

I know my wife would never allow me indirect contact..May be she can say OK in court but then no no.I remembered when she was here I requested a lot of requests to allow me at least phone contact but she always said no way.

There are lot of doubts in my mind.

1.Can judge dismiss my application saying I am not in Uk?
2.Can judge only allow indirect contact
3.Can judge order saying I give 3 months to applicant to come to UK then contact would proceed.
4.Can judge ask home office to issue me visa?

Why my solictoir is completely ignoring warship order and not applying under this?

There are lot of whys?

Thanks you very much for your kind help Fiona.

God bless you.

Stvert

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01 Apr 10 #195683 by Fiona
Reply from Fiona
Wardship means that the High Court has responsibility for a child and no orders can be made or action taken which affects the child, unless permission is obtained from the High Court first.

1.Can judge dismiss my application saying I am not in Uk?


The court can dismiss a case if you are not present but it's unlikely to do so when permission is granted for a solicitor to represent you and perhaps evidence to be given through a video link.

2.Can judge only allow indirect contact


Yes, the judge has the power to determine what contact, or indeed if no contact, is in the best interests of a child. Occasionally just indirect contact is ordered but usually it's an interim measure whilst direct contact is re-established.

3.Can judge order saying I give 3 months to applicant to come to UK then contact would proceed.


I can't see a reason not to.

4.Can judge ask home office to issue me visa?


No, but having a contact order means you can apply to enter the UK as a person with the right of contact to your child resident here.

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