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Moved Out of UK - Ex partner trying to stop me to see my daughter - going court
#1
Hi all,

I would like some advice here please.
Basically I relocated to Malta cause work and I got a child arrangement for my daughter still in act.
In the existing court order I was able to have 50/50 share care of my daughter and also bring her to holiday without her mum consent.
I informed my ex that I was going to leave UK and due her response I applied in the same week for a Variation of an existing court order, as she doesnt want to allow me to see my daughter for holidays, which it will be held on January 2018.
I asked the school to allow me to pass and say hello to my daughter as the mum (of course)she doesnt want me to see my daughter after the hearing even though Im coming to the UK only for 2 days.
The school told me that cannot allow the meeting without a lawyer or a court order...which it confuse me as there are n restrictions on my existing court order and no safeguarding concerns from both part.
The weird thing is that I was allowed to see my daughter before I was leaving as again the mum found any excuse to dont see her.

I sent the birth certificate (as I share same PR) and court order to the school and they still insist that "they have been advised" in this way, which I asked who advised them as I will refer to court and cafcass.

Could you please give me any advice on this?

Much appreciated your help.

Thanks
Reply
#2
(12-18-2017, 06:24 PM)gianlucashia Wrote: Hi all,

I would like some advice here please.
Basically I relocated to Malta cause work and I got a child arrangement for my daughter still in act.
In the existing court order I was able to have 50/50 share care of my daughter and also bring her to holiday without her mum consent.
I informed my ex that I was going to leave UK and due her response I applied in the same week for a Variation of an existing court order, as she doesnt want to allow me to see my daughter for holidays, which it will be held on January 2018.
I asked the school to allow me to pass and say hello to my daughter as the mum (of course)she doesnt want me to see my daughter after the hearing even though Im coming to the UK only for 2 days.
The school told me that cannot allow the meeting without a lawyer or a court order...which it confuse me as there are n restrictions on my existing court order and no safeguarding concerns from both part.
The weird thing is that I was allowed to see my daughter before I was leaving as again the mum found any excuse to dont see her.

I sent the birth certificate (as I share same PR) and court order to the school and they still insist that "they have been advised" in this way, which I asked who advised them as I will refer to court and cafcass.

Could you please give me any advice on this?

Much appreciated your help.

Thanks

As far as school is concerned, under the Law, they have to comunicate with you as a person with PR, regarding Education Matters only.
You have the same rights in terms of attending school at times parents are invited, as anyone else.

If your current Court Order puts the child in your care for the period you are in the UK, turn up to collect her.
You might want to inform the Police, and tell them that you need an offiers to ensure there is not a breach of the peace.

Regardless of the status of any applicaitons, or the fact you moved, that order is valid until a Court says otherwise.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks for the info.

Much appreciated
Reply


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