Assault & Battery uk family law help!!

[tinatd79]

i dont know whether i am on the right site here because i am from the uk but im desperate. I was dragged to court this morning with no legal representation because i was only served with papers 48 hrs ago! i dont know what to do!
Basically i was moving to spain with my 3 kids in 2 weeks and i told my ex about 6 weeks ago and told him he could see his daughter whenever he wanted. He has filed an emergency application for parental responsibilty, prohibited steps order, residency and contact. now the prohibited steps order has been passed but not served yet because i went to court but was too scared to go in the room because i was on my own. Now i dont know what to think because my ex is a violent alcoholic childrens services were involved because of his violence and now im scared my daughter might get taken from me, and i was only trying to do the right thing for everyone and i have never even been inside a court room. any help or advice would be great :0(

 

[army judge]

Hire a lawyer. You'll need one, or you might possibly lose custody of your child.

You can move anywhere you desire. As long as you're the custodial parent of a child, the child can't leave the country that issued the custodial order.

Abandon your plans to move to Spain. This is not about you, your "ex", or anything other than the court's authority over the child.

The child can not be taken from the court's jurisdiction unless the court and the other parent say it's okay. That rarely happens. Your "ex" has parental rights.

 

[tinatd79]

Hi, thanx for the reply, plans for spain abandoned, asked him if he was ok with us using the flights and apartment e paid for to take the kids on holiday for 2 weeks so they dont lose out completely, he said no because my fiance is going. emergency application for permission from the judge being put in next week, i have a solicitor now..... thank god!

 

[Proserpina]

Just please don't even THINK about going there on vacation....and not coming back.

Honestly - that's certainly how it would appear to me. You were suddenly able to abandon plans for MOVING to Spain, just like that?

With no major penalty?

Really? And now you just want to take the kids on holiday? If I were Dad I would be extremely worried that you weren't just trying to do it "by the back door", so to speak. I'd be thinking you're a flight risk, for sure.

(For what it's worth, although I'm in the US now, I was born and raised in the UK - I do have quite a bit of knowledge relating to UK custody laws)

 

[army judge]

Even though EU denizens can travel freely across political borders, it makes it easier for police authorities to retrieve errant miscreants.

 

[Proserpina]

Even though EU denizens can travel freely across political borders, it makes it easier for police authorities to retrieve errant miscreants.

Hague Convention is our friend

(Just FYI though - you still cannot travel into the UK without a passport, as the UK is not a full Schengen member).