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Can you overturn a ...
 
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Can you overturn a Prohibited steps order for a 16 year old child?


Posts: 87
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(@blindsided)
Estimable Member
Joined: 9 years ago

I'm currently trying to get a consent order to bring my son to live with me (something he wants to do). When I submitted the C100 application, I told my ex and she immediately filed one also, but she also filed for prohibited steps to stop my son leaving the UK, her reasons were that if my son was allowed to move, I would arrange gender re-assignment surgery for him (utter nonsense). 

The court put a prohib step in place on these grounds, and today at our first hearing, the judge said she could absolutely make a consent order under section 8 and that the prob step would remain in force. I explained that it was nonsense and therefore it shouldn't stay in place, but she just ignored me and that was that.

So my question is, is it possible to overturn? Ask for a different judge who actually gives a [censored]?

6 Replies
Posts: 667
(@dadmod3)
Honorable Member
Joined: 4 years ago

Does it matter?  If you don't intend to leave the UK then it's not a problem.  Are you allowed to go abroad on holiday at all?

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(@blindsided)
Joined: 9 years ago

Estimable Member
Posts: 87

@dadmod3 ah sorry, I live in Sweden, my son in the uk, he wants to move to me but with ex pulling the proh step order, now I can't bring him here even though he's 16 and said he wants to be here.

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Posts: 5481
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

child arrangements orders typically expire when child turns 18. i think it will.be difficult to overturn/appeal this decision. in future, say a years time you could apply again to have order discharged. or wait for order to expire when child turns 18. I don't know wording of your order, judge may place conditions on how long this order is meant to last.

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(@blindsided)
Joined: 9 years ago

Estimable Member
Posts: 87

@dadmod2 this is a consent order though? So is the Children's Act just nonsense? 9.6 and 9.7 in particular. Especially as the exceptional circumstances my ex used is clearly absolutely not true...but the judge didn't seem to care.

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5481

@blindsided Judge have broad powers. I recently sat in on a hearing and judge cited exceptional circumstances, and placed major restrictions on a dad until child turns 18.

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(@blindsided)
Joined: 9 years ago

Estimable Member
Posts: 87

@dadmod2 just another case of how the whole system is rigged against the dad. Even though my ex has police files, social services files etc about how abusive she is...

I'm going to turn up at the next hearing naked, covered in my own faeces...can't do any harm it seems.

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