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Hello everyone,
Iam not sure if my topic is in the right place but i hope it is.
I really wish if I can get some help .
Me and my ex were on holiday last year at my country where I came from ( my wife is Bristish).
We have our son he is 2 and half years now , we have agreed to leave our son with my parents for a short while untill we come back UK and sort out our financial position and we agreed if we couldn't do it we straight away bring our son back.
Without going to so much details .
Me and my ex came back to the UK without our son but she reported me to police and accused me with abduction.
Of course police didn't take any action against me because I told them we have agreed to leave our son with my parents and we can bring him back to straight away if my wife wants so,
Our son was back after few days and she didn't let me see my son so I had to go court end of last year to secure contact.
At the first hearing My wife was insisting that I abducted our son and I planned it but i explained that we agreed to leave our son with my parents for a short while or we can pick him up whenever we want,
The court ordered me to spend time with my son every 2 weeks supervised at contact centre which I pay over £70 per hour and ordered fact finding hearing.
At the fact finding hearing the judge said that balance of probabilities can't find if I planned this but they think I put pressure on my wife to leave our son back home.
So that means I left our son a broad without his mum consent.
And ordered for cafcass to make s7 report and I have meeting with cafcass next week.
Our son has Dual nationality , the mother concern now is flight risk , she thinks that I can issue a new passport for him with his second nationality and take him back home.
And I don't know what to do to prove to her that I will never do this.
I don't want to take my son away from his mother and I never wanted this .
All what I want now is to spend time with my son and for him to come and stay with me and have equal and fair contact.
I would love if I can have my son 2 days a week at my house but of course they will not trust me if I will not take him and escape abroad.
Is there anything I can do to prove to cafcass, the court And the mother that my son will be safe with me and I will not issue new passport for him and I will not take him abroad .
Pleaseee I really need your advice about what should I do in this situation.
Many thanks in advance.
I would imagine it's up to the court as to what they believe. You could certainly offer an undertaking to the court that you won't take him out of the country without permission. Which country is the other nationality of your son? I'm not sure whether there is anything you can do to satisfy the court that you won't apply for a passport, but it's possible that an order from the British courts might hold some sway in the passport office of another country if there is any reciprocal arrangement between countries.
Thank you so much for your answer ,
I can offer undertaking to the court that I will not take him outside the country without the court permission of course but i don't think that the court will easily beleive this .
I got my embassy to send me and email saying that they will obey and honour any court order stopping me from issuing new passport for my son and also they said we will inform the court if you applied for a passport for your son without the court permission,
Will that work ?
So Iam open to have an order stopping me from issuing new passport for him and my embassy will obey this order and will inform the court if oneday I applied for my son passport without court permission.
Second thing I said to my embassy that I can sign a statement confirming that I will not issue passport for my son and if I did so inform the family court .
I don't really know if that will be enough to convince the court and cafcass that I will not do that or they will not trust the embassy??
I don't think there is any reciprocal arrangement between countries as it's outside Europe.
There must be somthing that they can do to stop me issuing a new passport for my son so I can have normal life with him.
And this will be my suggestion to them .
What do you Think??
Many thanks in advance .
Hi there
I think it's a good step, it shows that you're making every effort to reassure your ex and the court that your intentions are honourable.
Best of luck with your CAFCASS meeting next week, just be yourself and keep your focus on the child and what is best for him.
All the best
Thank you Mojo for your support ,
I really hope they will trust my embassy because there is no other solution for this .
Nothing else I can do for them to trust me.
I wonder if the court can ban my son name from travelling abroad without court permission ??
Is that possible ?
They can do that if i asked them to do ?
Now iam seeing my son once every 2 weeks supervised contact centre I pay ove £70 per hour .
My meeting with cafcass is next week .
What kind of suggestions I should suggest to cafcass officer to move the contact forward ???
For me to be honest I would like to have shared residency at least to have my son 2 days a week and to stay over night but i don't think they will agree that easy and my ex 100 % will not agree.
So what kind of suggestions to move the contact from supervised to unsupervised ?
What should I ask for ???
Is it to much to ask for 2 days a week ??
Or what should I do ???
Thank you guys .
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