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taking a child abroad

Oct 2, 2012 | Bohemia Law | Children | No Comments

Q. I had for more than three years running trial regarding child contact issues. On the facs findings has been found that ex was abusive and violent, child had witnessing violent behaviour. Ex was seeing child on supervised basis for three year. Psychiatrist report stated that ex is unstable, manipulative, thought no risk poses for the child at present but could be the risk in future. Ex applied for taking child on holiday abroad but got prohibited steps order instead (he has shown in past massive interest to move permanently to Argentina, where his parents live now). In revenge on the court hearing he applied for prohibited steps order against me – and even mentioned that its not because he was afraid that I am going to move abroad but to be in equal situation. Cafcass officer said to me that child shouldn’t be penalised with this, and should has rights to go abroad on holiday, but suddenly in her report she said that should be prohibited steps order against me too because in her opinion I could feel so down and exhausted with court procedures that could wish to flee to my original country Ukraine which is not party to the Hague Convention. Its left me extremely devastated as I have son from first marriage in Ukraine and my old grandmother – and last two years have to visit them only for four – five days in a year by leaving behind the child with friends and my older son who live with me here in UK. Child every time feels in stress being left without mother for those few days, me too. And thought I have never give any reasonable grounds to believe that likely child to be taken to my original country to live permanently, as find myself much more secure here but judge firstly said that prohibited steps order going to be interim for me, but not for the ex but on the final hearing left Prohibited steps order for both of us. So I cannot exercise the Residence order fully for taking child without consent of the father for up to one month. If it would be more reasonable to appeal final hearing decision or better to fight later on – year or two, say with records returning the child after short holidays if I hopefully will be granted with time. Thank you for taking time to read and will appreciate any suggestions.

A. Hi there

I sympathies with your situation. It sounds as though the court felt that there was a slight risk and in these cases one errs on the side of caution. Your solicitor will advise you whether you have grounds for appeal. There may be other things that you can propose to try and get consent to travel such as offering to show return tickets etc. Keep trying.

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