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Hi everyone im in need of some urgent advice
I am the parent with a residency order and my children reside with me and I allow my ex wife contact as the residency order states,over the easter holidays my ex was supposed to have the children for 1 week which she did but refuses to bring them back,she lives over 500 miles away and she has even started trying to get the children in to school where she lives,i know this as my childs school informed me yesterday.
I cant afford a solicitor as I work part time but what legal advice I got was to take her to court as she has broke the order,ive been told to get a c79 form and put that into my court but the process doesn't seem very urgent as papers have to be posted to her etc and then wait for her to respond,i feel I'm at a loss of what to do as the children should be back here where they belong,any advice would be helpful thanks
Hi there
Sorry for the delay... you must apply for an urgent/emergency non parte application. If you take the forms into the court in person, first thing, at opening and explain tha she is in breach and is refusing to return the children and is now trying to change their school... if there were/are safeguarding issues when you were granted residency, state that you are seriously concerned for your children's safety. You must really impress upon them the need for urgency and ask if a judge is available to see you immediately. Asking for ex parte means that they don't have to inform your ex first, which again speeds things up.
The children will be missing school and they will be distressed by the sudden changes etc... if you don't convince the court that there immediate concerns, they will list it normally and time is of the essence here.
If they don't feel there is a risk to the children they won't allow an emergency application.
It would also be adivisable to apply for a Prohibited Steps Order to prevent her from taking them again. It wouldn't cost any extra to submit both application together.
Best of luck
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