International Custody Matter
The client is involved in a legal dispute regarding a Child Arrangements Order and a Prohibited Steps Order. The opposing party has proposed a legal undertaking to prevent the removal of children from the jurisdiction until a court hearing scheduled for 2025. The client is concerned about this undertaking as the other party, a citizen of a foreign country with access to all passports, has indicated intentions to leave the country. The client has also been removed from the children's educational institution's information system and has received a police directive to contact the school to monitor the children's status. The opposing party's legal representative has suggested that accepting the undertaking could avoid a hearing, but if no agreement is reached, they may seek to recover costs for the court appearance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the implications of agreeing to the proposed undertaking?
Accepting the proposed undertaking would mean agreeing to a legally binding promise not to remove the children until the court hearing. This might temporarily halt unnecessary legal proceedings and costs, but it relies on trust that the other party will comply without enforceable measures. Should they breach this agreement, it may complicate your ability to obtain a stronger court order later. It’s essential to document any agreement and communicate it clearly to the court.
How can I ensure that my children are not taken out of the country before the hearing?
To prevent the potential removal of your children ahead of the hearing, consider applying for a Prohibited Steps Order (PSO), which can legally restrict the removal of the children without court consent. You might also request the court to issue a port alert, notifying authorities of any attempts to leave the country with your children. Discuss these options with a legal advisor for tailored guidance.
What legal steps can I take to access my children's school information?
To gain access to your children's school records, promptly contact the school and present a copy of the child arrangements order. This order reinforces your right to stay informed regarding your children's educational status. If necessary, formally request the school to update their records to include you for future communications. If the school is unresponsive, you may need to apply for a specific issue order through family court to enforce your rights.
Can I request to combine the hearings scheduled for March and April to reduce costs?
You can request the court to combine the hearings, particularly if they address related issues. Filing an application with the court outlining the advantages of this approach can help, as it may limit costs and ensure both orders are addressed simultaneously. Legal counsel can assist in effectively presenting your case to facilitate a favorable outcome.
What risks are associated with refusing the undertaking and proceeding with the March hearing?
Declining the undertaking and choosing to move forward with the March hearing carries risks, including potential additional costs from holding two separate hearings. The court may also view this refusal unfavorably if the undertaking serves as a reasonable protective measure. Additionally, you might face adverse cost orders if the court finds the refusal unjustified. Careful consideration of these risks is essential.
What can I do if the children are taken out of the jurisdiction despite the undertaking?
If the children are removed despite the undertaking, the UK government might seek their return under appropriate international agreements, assuming the destination country is a signatory. Quick action is critical, as delays can complicate the process. Involvement from central authorities in both countries may be necessary, and possible legal action related to the breach of the undertaking could follow.
What should I do given the history of unilateral actions taken by the other party?
Given the concern regarding the other party's previous actions with the children's schooling, seeking an urgent Prohibited Steps Order can be vital. This order can preemptively prevent any unauthorized changes to the children's residence or travel plans. Promptly informing the court of these concerns and requesting protective measures is advisable.
Should I decline the undertaking due to relocation risks?
Given the relocation concerns for your children, it's crucial to weigh the consequences of refusing the undertaking. While the undertaking may offer temporary safety, it is not enforceable if it is breached, potentially allowing for a jurisdictional departure before your court date. Evaluating the situation and consulting with a legal professional can help in determining the best strategy moving forward.
Will I have to cover the costs for the application if the other party delayed the initial hearing?
Typically, the party requesting an adjournment may be responsible for the additional costs incurred. In family proceedings, cost orders are uncommon and depend on the case specifics, including party conduct. If the delay was instigated by the other party's request, you may seek a cost order against them.
What costs can I recover, and are lost wages included?
In family law, costs are not usually awarded unless one party has behaved improperly. You may recover costs if the other party has failed to comply with court orders, but lost wages are generally considered personal expenses that cannot be recouped. Keeping thorough records of your expenses and consulting a legal professional will help you understand if you have grounds for a cost application.
