My former partner has threatened to take the children away from me. What can I do to prevent this?

18/02/2022

You can make an application for a Prohibited Steps Order. This is an injunction that would prevent your former partner taking certain prohibited steps. Usually these would be to remove the child or children from your care or control or to attend the children’s school.

You can also apply for a Specific Issue Order if you are concerned that the former partner will take the children abroad. The court can require your former partner to return the children’s passports if he or she has them in his or her care and control.

Emergency applications must be supported by very strong evidence as usually a parent will seek such Orders to be made without prior notice to the other parent. If an Order is granted the court would normally set another hearing in about a week’s time, at which time the other parent will have the opportunity of being represented and putting his or her position to the court.

In the event an agreement cannot be reached between you, the court would have to list a matter for a Final Hearing to determine issues between you and the court would make directions for the filing of further evidence if required.

The court would also need to deal with the interim child arrangements that would need to be in place pending the final hearing.

18/02/2022
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Would you like to know more?

For help and advice, talk to a member of our team. They can advise on the best options in your matter.

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