Enabling a live with order in Europe

Marie represented the Mother in a case where she alleged she and her children had been subjected to physical and emotional abuse. The Father, her ex-husband, made an application for a child arrangements order to spend time with the children.

The Court found all the Mother’s allegations proved at a fact-finding hearing. The S.7 report carried out after the fact-finding hearing recommended no direct contact between the Father and the children, just indirect contact by letter a couple of times per year.

At the final hearing the Court made an order that the children live with their Mother and that there is to be indirect contact only with the Father, twice per year by letter or cards. A Prohibited Steps Order was made (with a penal notice attached) to prevent the Father removing the children from the Mother’s care, or School or the Jurisdiction, along with a S.91(14) that the Father cannot make another application under the Children Act, without the leave of the Court, for five years.

The Mother is from another European country and is making reciprocal applications for a live with order in her country of origin. The Judge also made an order permitting her to disclose the Court papers in these proceedings to that foreign Court.