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[Solved] Application for Committal

 
(@lollyrus)
Estimable Member Registered

Hi All,

As you may remember, Mother refused to hand over child's passport so my Partner went to Court for an Emergency Hearing back in July. My Partner was given Paperwork to serve on the Mother informing her to appear at Court with the passport 2 days later. She arrived at Court with her Solicitor in tow and claimed she hadn't read the paperwork so did not bring passport. The Judge issued a Specific Issues Order with a Penal Notice informing her to hand-over passport and child by 4.00pm that day which as you are aware, she didn't do and my Partner hasn't seen or spoken to his Son since that day (when Mother kicked off big style at school which resulted in her losing her job as a teacher).

Partner has been back and forward to Court and we're awaiting another Court date soon as contact has still not taken place despite the Judge trying to get it started again.

Can anyone tell me if my Partner has to make an application for her Committal to prison in view of the Specific Issues Order made by the Judge in July which she breached? I read on another site that a Mother was not sent to prison for the only reason that the Father was a LIP and had filled in the wrong form.

Can anyone help with this please?

Thanks.

Quote
Topic starter Posted : 28/11/2016 2:45 pm
 Mojo
(@Mojo)
Illustrious Member Registered

This is an area I know very little about at all...I have found some info in the form of the practice direction here

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_rsc52

I would strongly advise that you get some legal advice, as your partner is self repping I'd give Coram a quick call and ask them.

I believe Dad-i-d made a mistake with the forms when he was going through enforcement, it's might be a good idea to drop him a PM too.

Sorry I can't be much help.

ReplyQuote
Posted : 28/11/2016 11:05 pm
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