LEGAL EAGLE: Worried that husband might take child abroad
Firstly, if you have a real concern that your ex-husband will remove the child from the country I would urge you to seek legal advice as it is important you take steps to prevent this happening.
Getting a divorce from your husband will not be granted before the end of the month. The average time for the Court to grant a divorce is six months, provided he is in agreement, from the issuing of the petition and so the divorce will not be given before he is planning on going to Germany.
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Hide AdMore importantly the divorce does not automatically take away his parental responsibility and you would both still have a say in what happens with your child. However, removing a child from the country is a very serious matter.
To prevent this happening you can make an urgent application to the court. This would be without notice being given to your ex-husband, for a Prohibited Steps Order to prevent removal from the Jurisdiction of England and Wales.
Attached to this Order would be a Penal Notice this means that if he was to breach the Order and try to remove the child he would be committing a criminal offence and would be arrested. He could then be faced with a fine or potentially a prison sentence.
Legal Aid is available for this type of case provided that you meet the requirements with your financial income and that the threat is to take the child abroad. I would urge you to seek legal advice from a solicitor with experience in this area.
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Hide AdBen Hoare Bell LLP has several specialist Solicitors with experience in divorce and child abduction. If you are concerned about any of the issues discussed above please contact our Solicitors on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for more information.