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My Ex 3 years ago, threaten by text to made the most of seeing my children, as she planned to live aboard.
Here new partner of 1 year, is on social media selling items and stating the reason for selling is because he is going to live aboard.
At present they are both doing up a boat which states " our new home for world travel ".
I have a court order from last year, unfortunately I've not seen my children since Christmas ( due to PA ). I did mention this to the CAFCASS officer on the 1st hearing of the enforcement order. Reply was mother has upto 30 days taking the children aboard without my permission. If it goes over that then it's illegal !!!!! really sherlock.
My second hearing is in 2 weeks, and wish to express the threat & inclination, but be able to back it up with some form of act to prevent the heart ache of them taking children away to live aboard.
HELP & ADVICE please
Hi there
You can apply for a Prohibited Steps Order to prevent the mother from taking the children abroad, this can be done within the existing proceedings by using form C2. I would gather as much evidence to back up your application; take screenshots of what they’re posting on social media.
Cafcass is wrong about not needing permission to take the children abroad for up to 30days. That would be the case, as long as it doesn’t interfere with ordered contact, but if taking them away means that ordered contact time is missed, the ordered contact takes precedence and they would need your permission to travel.
It can be quite difficult to prevent a resident parent from re settlingabroad, but they have to be able to show that there is appropriate accommodation, that the children’s schooling is organised, that they have thought about contact with the other parent and that they have the financial means to support themselves.
A year away on a boat, might be easier to prevent, what accommodation is there, what schooling will they receive and how will they facilitate contact with you... the court should want to look in some detail at the preparations for this.
All the best
I would also raise with the court how this would be enforced. Normally, that might be withholding passports to prevent travel abroad, but if they have a boat, there's nothing to stop them hopping onto a boat without a passport and just sailing off, however illegal it might be to do this. I would be inclined to consider applying for the children to reside with you on that basis - certainly something to consider.
Hi,
Many thanks for the advice, have already done a C2, which is an enforcement order, first sitting was 6th June second is on the 20th August.
What I would like to do is share this information on the second hearing, ( I have text's, and screen shots already saved ). And say under such & such an Act section this, I therefore believe this has a very high risk of happening therefore this act should be enforced immediately.
Does this make sense?.
I can't afford a solicitor and using friend from MKckensie ,
Any advice would be great thanks
Hi,
Yes agree taking passports away would help, also the fact they could hop away without them. But then they would need to show for schooling etc in a foreign land.
I tried for custody, That when the PA started and didn't see them for 6 months, and children had changed their minds, CAFCASS went with the wishes of the children, not how the children got to decision.
Frustrated by how someone can so blatantly defy the court
grrrr
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