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Hello
I am looking for a little help, my partner's ex wife has withdrawn access to the their two children (10yr & 12yrs). We need some advice, well I need some advice. I am trying to 'manage' the situation dispassionately because my partner finds it very difficult not to allow emotion to take over.
The pair of them are incapable of having a conversation on the phone or even via sms/email without his ex ranting on about the last 10 years.
The history is; they were married in the UK but she is Irish and they lived in the Republic of Ireland whilst married and both children hold Irish passports. the divorce was issued there as well as the maintenance agreement. My partner struggled to keep a roof over his head after they separated, as she waited until he had given up work to be a stay at home dad when she kicked him out. He went to the UK and now to the Middle East. He admits to not being consistent with the maintenance but always gave her what ever he had.
Since moving to the gulf he has been 100% consistent with his payments as per the maintenance order. With the exception of a 'back to school' payment he missed because he'd lost the agreement and she refused to provide the information. I now have a copy of both documents.
She is now refusing to allow him access and ensures the children are not available at agreed times for Skype. We speak to the eldest child more often because she has her own phone. However, contact with the younger one is via his ex and it can be weeks between chats. Even then his ex is always in the background asking the children questions and shouting abuse.
We are due to be in the UK in a few weeks and she has now said he can't visit the children "we're busy, better luck next time"... this is a continuation of last summer when we arrived in the UK and had to call to be told if we could have the children and then given a 'meeting point'. We had the same at Christmas when she refused to access the day we arrived. At this point in time we do not have a residential address for the children. Although I have managed to find out both schools.
As she has declined our requests to attend mediation, I think the next step is a court order for access? I saw in another thread about the C100 form, which I have downloaded.
However, do we have to go back to Ireland or can we apply to a UK court as she now lives in the UK? Can this all be done if we live overseas? what is the process once we submit the form to the court..... I just want to put my partners mind at rest that his children wont be dragged to court interviews and this wont go on for months and cost thousands of pounds.... or am I wrong?
thank you in advance for any advice!
You need to apply to the court nearest the childs current home.
As for doing it whilst overseas, I don't think he would stand a chance. Turning around to a judge however and saying I have moved back to this country to be closer to my kids would, however go in his benefit.
Thank you.
Although we can't move back to the UK. He tried for 3 years to keep afloat and failed, the economy is too bad. Plus she has moved to the Isle of Wight..... We can't follow her around the country when ever she feels like moving.
Surly we can't be the only family in the world who have moved.
We will be in the UK in a few weeks so we can apply for the C100 then. I am worried that you feel we're wasting our time because we've not moved to the Isle of Wight with her.
I think the problem is that the hearing is generally in the court nearest to the parent with care, so if your partner can't attend, he is going to be unrepresented, unless he has a solicitor there to represent him. This is why (I think) BRD is saying you have very little chance of success. The other issue is trying to enforce contact - that could involve further court visits. It might be worth giving the court a phone call and asking them if any provisions can be made.
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