Cross-Border Custody
The client, residing in a European country, is facing difficulties in maintaining contact with their three children after their partner relocated with them to a city in England. The client has experienced barriers to communication due to being blocked on social media and lacks knowledge of the children's exact living situation. The partner is believed to be staying with family, and two of the children are attending school there. Despite attempts to connect through mutual acquaintances, these efforts have not led to re-establishing communication. The client wishes to explore options for communication and custody arrangements, but has not pursued legal action in either jurisdiction.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I initiate a MIAM meeting in an English city considering my circumstances?
To initiate a MIAM (Mediation Information and Assessment Meeting) in England, you would need to contact a local family mediation service. Start by searching for accredited mediators through the Family Mediation Council website. Ensure to gather relevant information about your children's location and schooling to provide valuable context. A MIAM is generally required before applying to the court for child arrangements in England, especially given your cross-border situation, it may be wise to consult with a solicitor experienced in both jurisdictions.
What legal steps can I take to establish communication with my children in England from my current location?
To establish communication with your children, consider applying for a Contact Order through the family court in England. This court can facilitate communication arrangements. Demonstrating your past involvement in your children's lives will be important, so gather any evidence reflecting that connection. A Cross-Border Family Mediator can assist in navigating geographical complexities, and you can consult relevant governmental resources for guidance on applying for a Contact Order.
Are there any immediate legal actions I should take in my home country before proceeding with any actions in England?
Before proceeding in England, you might want to consider applying for access or visitation rights in your home country, which could strengthen your case. Filing for a court order there to establish parental responsibilities and rights can be crucial for recognition when taking further steps in England. Consulting a family law solicitor in your country may provide clarity on your rights and the best course of action.
What are my rights as a parent regarding custody and visitation across jurisdictions like my country and England?
As a parent in your home country with children now in England, your parental rights are acknowledged under both jurisdictions. Generally, both jurisdictions prioritize the best interests of the child regarding custody and visitation decisions. You can apply for a child arrangements order in England to seek access and visitation, and enforcement of any existing orders from your home country. Cooperation between judicial authorities in both countries can assist in enforcing your rights.
How can I locate my children and ensure their well-being legally if I do not have their current address?
To locate your children, you may apply to the court for a Child Arrangements Order which determines where your children reside and with whom they have contact. Depending on your case, you might request assistance from local authorities or social services in the area where your children are living, due to welfare concerns. Consider seeking legal assistance to support your proceedings and ensure protection of your parental rights.
