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I filed a C100 with the courts and we had our initial meeting which went well; my partner solicitor was at best useless and even though I'm representing myself I feel I did a much better job than her.
During that meeting her solicitor submitted their own order asking permission of the courts to take the children to Scotland as the only order at that time was my Prohibited Steps Order that prevented her from going. The Magistrate wrote all over the order her solicitor had prepared and said that she was trying to do things too quickly etc.
He said that my partner had to submit to the court and me a statement showing where the children would live, schools etc etc and that she had to do that by 4pm on the 1st Feb, I then had until the 14th Feb to reply ahead of a court date on the 5th March.
To date I have received nothing from her solicitor and I wondered if there was anything I could do (A) to highlight to the Magistrate would ordered it or to the Judge we will see in March that she did not follow the instruction or (B) have a ruling made against her in the absence of any statements?
Any advice would be appreciated.
Many thanks
Darren
Hi
I'll ask the CCLC is they can give some advice, but it also might be worth giving the court a ring.
Dear Darren,
Than you for your e-mail.
Firstly, we would advise you write to the Court to inform them that you have not received the statement. The Courts will then decide how to take the matter forward.
When the Court is deciding whether your partner can take the children to Scotland the decision will be based on the children’s best interests. When deciding this they will take into account the Welfare Checklist. This is a guide that all Judges’ must follow when making decisions such as this. The Court will take into account:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.
Yours sincerely
CORAM CHILDREN’S LEGAL CENTRE
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