Potential breach of residency order about to happen

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  • #48799 Report

    Max1986
    Participant

    Hi first time poster just looking for advice, I got a residency order (cao) for my son when he was nearly 2 he is now 7. He has contact with his mum but things have become heated recently and she is adamant she is going to take him back to Poland her native country for him to live there and be educated there. My son is autistic and i dont want to get into a tug of war match with her over him. I know she loves him and he loves her but so do i. I’m not against him spending time in Poland and it’s good for him to have 2 languages but how can i still have proper access if she does this without me having to cause more issues by enforcing the CAO. She isnt willing to discuss it and all she says when I ask how that would work is “you can fly to poland and see him whenever you want” I need to know what to do without causing excess stress to my son.

    #48801 Report

    steve3334
    Participant

    hi,

    I think if you wait for her to breach your order and she takes child to Poland, and then you apply for enforcement of your CAO, courts won’t be able to do much. you may need to be proactive and consider apply for a prohibited steps order, to prevent her moving child to Poland. I would suggest you seek legal advice about this as it sounds pretty complicated.

    #48810 Report

    Lulublue
    Participant

    I’d agree with Steve, you need to get the ball rolling now and get legal advice to prevent this happening. From the sounds of your post you are the main carer? Saying she has contact with his mum.

    #48814 Report

    Greenfingers
    Participant

    Do you have written communication from your ex partner stating her intentions? Have you advised her verbally or in writing that you are opposed to this move to Poland? Was your son born in uk?
    If yes, then you’ll need a prohibited steps order stopping removal of your son from the UK. This order can be issued by the court as an emergency (without prior notification to her), so she’ll be served with the documents by hand and that will be the first she hears of it or if you don’t feel the threat is immediate the you can apply more routinely. This way you’ll be notified of a hearing date that you can both attend before the order is considered. If you apply for emergency PSO then it will be followed up by a routine hearing to hear both parties views

    #48827 Report

    Carmen
    Moderator

    hi Max1986  I’m really sorry to hear that you’re going through this.  Our Single Parent  Helpline may be able to help.  Please do call on 0808 802 0925 to speak to an adviser.  Calls are free from landlines and mobiles.  The Helpline is open Monday 10-6, Tuesday 10-4, Wednesday 10-1 and 5-7 and Thursday and Friday 10-4.

     

    I hope that helps. Carmen

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