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Hi,
I currently live in East Anglia and my ex wife lives some 30 miles away with her partner, their new born and our 6 year old daughter. I have regular access and albeit not prefect, I and my family are still enjoining a happy upbringing and involvement with my daughter.
My ex has just informed me that she is moving to Jersey to live with her partner/child and is taking our daughter. Her partners family currently lives in jersey but my daughter or ex wife has no family there at all This will make it extremely difficult to maintain regular access and i believe will seriously damage my daughters relationship with me and my family.
Firstly does anybody know if she can leagally take her to Jersey without my permission and secondally, can I stop her?
Hi
I've asked the CCLC to pop on an give some advice to you on this one, so keep checking back here.
Dear Cjhicks001,
Thank you for your enquiry.
As you have parental responsibility, the mother of your child would need your consent or a court order to remove the child permanently from the jurisdiction; otherwise this will amount to abduction.
If you fear that the mother will take your child without your consent, or a court order, you could:
1. Alert the local police station, and make a detailed statement.
2. Apply for a prohibited steps order (PSO) order from the courts to prevent the removal of the child from the UK. A breach of this order would be contempt of court.
In order to apply for a PSO you could use a solicitor or represent yourself. In order to represent yourself, you could visit the HMCS website to download the application form, C100. There are also two guidance notes, CB1 and CB3, which may assist in completing the application form.
3. Contact the United Kingdom Identity and Passport Service and ask them to surrender a passport or ask them not to grant a passport to the child. They will usually need to see a court order (as mentioned above), but they are not necessary in the case of unmarried mothers wishing to lodge an objection.
4. Contact Reunite: The International Child Abduction Centre. They can provide parents with a Child Abduction Prevention Pack.
If you have any further questions please contact us via our webchat facility. The link to our webchat is http://www.childrenslegalcentre.com/index.php?page=web_chat.
Yours sincerely,
Coram Children’s Legal Centre
Thanks. I have contact a solicitor and have formally notified her that I do not give consent for the removal of my daughter form this juristiction. I have given her until tomorrow to formally advise what steps she is taking to apply for a court order to remove the child. If I am not staisfied with her actions or she fails to reply, I will be applying for a PSO and a residential order at the same time. I have been advised that there is no time for mediation but may adopt this if instructed by the courts.
Thanks for your help.
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