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Friends sister and children in need

  • 05-06-2012 10:54pm
    #1
    treehorn2012
    Registered Users Posts: 1 ✭


    Hi All,
    So here is the situation as messed up as it sounds. My best friends sister recently moved back from Australia to the Uk with her partner (together 6 years). About a year ago she decided she wanted out of the relationship for a number of reasons (he's a bit odd and controlling). She was working to get a mediator involved when out of nowhere he took the children's passports and gave them to his solicitor. The next day she received a court order preventing her from leaving the country with the kids due (he basically told the court that she was planning on kidnapping the kids which is BS ).
    The kids have three citizenships but since they reside in the UK they are subject to UK law. She has a good solicitor and is going through the motions with them but I want to have a plan b up my sleeve just in case he pulls some more ****. My first priority is getting her and the kids home. Any suggestions?


Comments

  • #2
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    I know what you are wondering and maybe have a look ta this link
    A judge who found the children had been kept in Australia since 2010 without the Italian father's consent, ordered they be sent back to Italy, and the decision was upheld on appeal. The family defied court orders to hand over the sisters, who were kept hidden until Monday.

    http://www.news.com.au/taxpayers-pay-for-sisters-battle/story-e6frep2f-1226367951728

    And this one

    http://www.couriermail.com.au/news/four-sisters-win-high-court-hearing-in-custody-dispute/story-e6freon6-1226366648625

    The case is ongoing but its result would have a direct bearing on your type of case.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    treehorn2012 wrote: »
    Hi All,
    So here is the situation as messed up as it sounds. My best friends sister recently moved back from Australia to the Uk with her partner (together 6 years). About a year ago she decided she wanted out of the relationship for a number of reasons (he's a bit odd and controlling). She was working to get a mediator involved when out of nowhere he took the children's passports and gave them to his solicitor. The next day she received a court order preventing her from leaving the country with the kids due (he basically told the court that she was planning on kidnapping the kids which is BS ).
    The kids have three citizenships but since they reside in the UK they are subject to UK law. She has a good solicitor and is going through the motions with them but I want to have a plan b up my sleeve just in case he pulls some more ****. My first priority is getting her and the kids home. Any suggestions?


    Did you read the charter?


  • #4
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    Hague Convention will apply as Ireland is a signatory if those children are taken out of the UK. To do so in contravention of the court order would be a sensationally bad idea.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    treehorn2012 wrote: »
    Hi All,
    So here is the situation as messed up as it sounds. My best friends sister recently moved back from Australia to the Uk with her partner (together 6 years). About a year ago she decided she wanted out of the relationship for a number of reasons (he's a bit odd and controlling). She was working to get a mediator involved when out of nowhere he took the children's passports and gave them to his solicitor. The next day she received a court order preventing her from leaving the country with the kids due (he basically told the court that she was planning on kidnapping the kids which is BS ).
    The kids have three citizenships but since they reside in the UK they are subject to UK law. She has a good solicitor and is going through the motions with them but I want to have a plan b up my sleeve just in case he pulls some more ****. My first priority is getting her and the kids home. Any suggestions?


    So on the one hand you say her plan to take children from uk is BS on the other you say "my first priority is getting her and the kids home" is your plan b. Those two options are incompatible. So can you tell what is your real options.


  • #6
    Indricotherium
    Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    ResearchWill wrote: »
    treehorn2012 wrote: »
    Hi All,
    So here is the situation as messed up as it sounds. My best friends sister recently moved back from Australia to the Uk with her partner (together 6 years). About a year ago she decided she wanted out of the relationship for a number of reasons (he's a bit odd and controlling). She was working to get a mediator involved when out of nowhere he took the children's passports and gave them to his solicitor. The next day she received a court order preventing her from leaving the country with the kids due (he basically told the court that she was planning on kidnapping the kids which is BS ).
    The kids have three citizenships but since they reside in the UK they are subject to UK law. She has a good solicitor and is going through the motions with them but I want to have a plan b up my sleeve just in case he pulls some more ****. My first priority is getting her and the kids home. Any suggestions?


    So on the one hand you say her plan to take children from uk is BS on the other you say "my first priority is getting her and the kids home" is your plan b. Those two options are incompatible. So can you tell what is your real options.

    Total +1 to this.

    Sounds like he got that court order just in time.


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