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jurisdiction outside UK

jurisdiction outside UK

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Old Aug 13th 2009, 9:02 am
  #16  
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Default Re: jurisdiction outside UK

well said Eva

Emea I hope your friend thinks it's worth going to court even though he risks losing the contact he already has. At least the ex is sticking to the existing order which is more than happens in a lot of cases .

If I were a betting man I would offer you odds of 500-1 of your friends case succeeding .In fact I would bet that it makes things worse

do your friend a big favour and get him to stop the case before its too late, using a rubber mallet to crack a nut doesn't work

If your still not convinced ring the fnf UK helpline : 0300 0300 363
6 pm - 10 pm week days or better still as you are in kent get it from the horses mouth - there is a group that meets In maidstone every month consisting of parents having contact issues PM me for details

In any case let us know the outcome of the case
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Old Aug 13th 2009, 9:36 am
  #17  
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Default Re: jurisdiction outside UK

Originally Posted by Eva
Remember a local lawyer will probably opine against a backdrop of Sharia law which favours the father greatly and contrasts somewhat with UK Lex.
Actually Sharia law states that unless it can be proven the mother is to fit (unfit would be defined as mentally ill, adultery or a criminal record) to raise the kids she automatically has full custody until the children are 12 (or 16 in some places) and that the father is obliged to provide for the children financially until they are adults.

N.
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Old Aug 13th 2009, 9:59 am
  #18  
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Default Re: jurisdiction outside UK

what ever the outcome, my partner will not loose contact with his child , it will be just in uk instead of UAE , thats all , it will be be good for the child to see his dads life style here , his job, home , friends etc ,good for his development.

He will not give up the court case , he is a fighter and has achieved so much in life at an young age ..only see's one thing that is so precious in his life ..his boy and will fight to the death !

There must be some one out there in UAE been through this situation and have won the case ? would be interested to know ? h

I can assure you , will let you all know of the outcome of the case soon...

thank you all for you advise.
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Old Aug 13th 2009, 11:09 am
  #19  
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Default Re: jurisdiction outside UK

I know this is falling on deaf ears but I would bet that no father has won the right through the courts to vary a contact order to take the child to the UAE where the mother objects.
And if it was granted it certainly wouldn't have been settled in one court hearing!

Permission for permanent removal of a child from the jurisdiction may be granted by the court under the Children Act 1989. The leading case is still Poel v Poel, a 1970 Court of Appeal decision which almost always allows the mother to relocate the child abroad, unfortunately it does not work the other way around for the non resident parent.

this would be similar for holidays

Last edited by highlander393; Aug 13th 2009 at 11:53 am.
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