Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I live in Spain. My ex and myself have had an agreement we work out by yourself that I fly back every month to see my son. My mother was supposed to bring my son to Spain to see me in 3 weeks but after 3 months of her allowing this she has just changed her mind and he's not allowed now. She has done a lot in the past to hurt me and this is just a power thing. So now I want to take her to court so she can't ever do this again to me. But how? I have been to mediation and got the failed paperwork. What else do I need and how to do it please.
The next step would be an application to court, (someone with better legal knowledge will hopefully give you the exact procedure). However, how old is your son? If he's not old enough to travel on his own, I very much doubt a court would order that she has to travel to Spain (I wasn't clear whether that's what you were asking for) so it would be a matter of a court order to ensure that she allows you contact when you fly over.
Hi
Now you have the paperwork from the mediator, you can make an application to court using a C100 form. Am assuming you plan to attend court in person here? If not, I'm not sure on the exact procedure, but a hearing via telephone 'might' be possible but that would be up to the judge hearing the case.
I don't see any reason why your mother shouldn't be allowed to bring your son to Spain, but it's impossible to predict what an individual judge would decide. Visiting him each month and him coming to stay with you regularly in school holidays seems like a reasonable arrangement.
You will need to write a brief position statement to take with you to the hearing and give this to your ex and the court when you arrive.
It usually takes about 10 days to hear back from the court and then another 6 weeks (approx) to get a hearing.
If you are wanting to go to court about this impending trip, you can try for an emergency hearing, although this might be difficult to do from Spain. In that instance, you would complete the paperwork, take it to the court in person and wait to be seen. You can usually get before a judge on the same day or within 48 hours.
Best of luck
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.