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Need help with enforcing Child Arrangement Order
#1
Good day to everyone and thank you in advance for any help.

My ex and I have a child 4 years old. In 2015 we divorced and the child stayed with her I was visiting him twice a week. Couple months later she decided to relocate from UK to Malta and we made Child Arrangement Agreement which was stamped by court. According to it, she must bring my child to UK once a year for a week. But in 2016 she didn't do it. I wrote to her several times, but she simply ignored it. As I understand I can go to court so it would enforce the Agreement. But the problem is I don't have that much money and can't afford a solicitor. I hope there is a way to get justice without spending fortunes. So I wanted to ask:

1) Which document/form do I need to fill in and send to court? 

2) Besides copies of my emails to her asking to bring my child to UK, what else do I need to send with my application?

3) Will the court even consider my application if I represent myself in court?

Thanks again and best regards.
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#2
Hi,

Where is the child? In Malta?

If so, a U.K. court will not accept any jurisdiction.

Even if the court would hear your case here in the U.K. it would be useless - a U.K. court can not enforce anything in a foreign country.

A U.K. court can not enforce your ex to come to even a hearing here in the U.K.
She will just not show up - without consequence.

What you actually need to do is to apply for enforcement in a court in Malta.

For this you need to look up Brussel II legislation. Normally you would take your UK order to a court in Malta and apply for recognition over there.

I am not sure how the law in Malta is. In my country (Germany) the courts would normally at a instant accept any order made in a EU country and regard such order as a domestic order. Here in the U.K. you first need to apply for recognition to the High Court which could be contested. So, the procedure is very different between EU member states.

It is almost like uncharted territory...
You need to get lawyer in Malta who is confident with Brussel II.

You may also want to read this to get a taste about the complexity.
http://www.familylawweek.co.uk/site.aspx?i=ed143783

They talk about maintenance orders but the procedure is the same for any other order basically.

Good Luck!
F.
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