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To cut a long story short i split with my EX 3 years ago and was kept from my children for a year while awaiting to be seen in court etc.
During this time my EX was neglecting the children as she was when i was with her which is one of the reasons i left as my plan was to get a place for me and the children.
Last September my EX gave up the children and they hav lived with me ever since.
I was offered a job in Ireland that gave us all more stability and the chance to start anew and was brought back to court by my EX who wanted to block it.
In the end i was given full custody and the right to remove the children on the grounds i fly them back once a month.
For the first 2 months i was unable to bring them back due to the cost of the move then the second month for school uniforms etc.
I did however bring them back for christmas as was in the order but they had nowhere to sleep as she lives in a room and hasd her 2 other children stopping there too.
She keeps threatening to take me back to court in the UK as she claims i have breached the order even though the children are not meant to be stopping in the room and are meant to be stopping at their nan's she has only called them once since they have been here (Since the end of September).
Can she summon me back to court in the UK even though the children now reside in Ireland?
I'd fly them back once a month as per court order. As long as they are safe with mum living in one room and life is peaceful for you all I'd leave it at that.
If however you want to cut mum out of their lives cos she's unfit and and evil and it's disrupting your children's lives you'd have to plan things properly to make sure when you go to court judge believes kids are happy and settled in Ireland and maybe indirect contact is in the kids best interest and that you will bring children to England during school holidays due to them being too tired traveling once a month during school term time etc?
I would say that you need to bring them back once a month for a few months at least to allow things to settle down - if your ex goes back to court now, the court could look at the arrangement and say it's not working, and with the breaches, it will be harder for you to argue that it was just due to the move etc, Once it's settled down, if the situation isn't acceptable, then you could state that she isn't making adequate provision for the visits, and withhold contact, while at the same time making an application to court to have the order varied. I don't know the exact procedure for this, so hopefully someone with better legal knowledge can add to this on here, but I think you need to have a track record of complying with the order before doing anything else.
You could apply to the court for a variation of the order yourself and state that she is making contact very difficult as the children have nowhere to stay with her etc etc.....probably better for you if you do that than wait for her to enforce it......I don't know if you could do that in an Irish court though. You would probably need to do that here.
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