Interim Contact

21 septembrie 2019 88

My child was illegally abducted to Moldova by her mother from the UK. I have a return order issued & my government is currently organising enforcement via agency on our child's behalf.

I wish to see our child in the interim, the mother says the Moldovan police, courts & social services are aware & I should not attend her town. If this is true why have they not contacted me to warn me or prohibit me from entering either the town or Moldova?

Is there benefit to me of attempting to visit the child against the mothers wishes & enforce/exercise my illegally deprived fathers rights or would a Moldovan judge see this as aggression against the mother? Should I just wait for the diplomatic & court action to begin & end or should I exercise in the person now?

I suspect the mother will be telling relatives I have abandoned our child but this is not true she was plainly abducted & I have completed all litigation in our child's home country.

Jurist comments 1

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  • Avocat-stagiar
  • Dreptul civil

Both UK and Moldova have ratified the Convention on the Civil Aspects of International Child Abduction - which provides a mechanism for the prompt return of an abducted child and ensures that the rights of custody are respected.
You still have the right of access which might be, under certain circumstances,... mai detaliat limited through an injunction. Considering you haven't been given proper notice of that, I suppose it's not the case.
Your wish to visit your child is understandable, but it is in your interest to not escalate the conflict. This is why it is advisable to approach a local lawyer or certified mediator.
Wish you all the best.

12 octombrie 2019