Legal Precedent for a Situation Gone Wrong
Influence of the courts over child custody arrangements in the case of a divorce is low to non-existent. There is a persistent expectation that the parents will come to an agreement about matters related to children, and it is generally not considered beneficial to engage the courts. It is important for disputing married couples to understand that there are three separate issues embedded in a divorce situation: 1) The actual divorce which concludes with a decree absolute; 2) Division of marital assets and financial provision for the spouses and children, which is referred to ancillary relief; and 3) proceedings focused on the custody / residence of children, contact arrangements with non-custodial parent, and so forth[footnoteRef:1]. [1: Terry & Co Solicitors, The Laurels, Shadoxhurst, Ashford, Kent, TN26 1NL United Kingdom. Retrieved from http://www.terry.co.uk/men_div.html]
Given this tendency of the court for a hands-off response to divorce proceedings related to children, Perry's initial reaction of alarm is understandable. Faced with the prospect of abduction of his child, Rose, Perry's attorney -- had he been given opportunity -- could have relied on a number of statutes to provide relief to Perry. If the abduction is anticipated but had not yet taken place, specific remedies of the court are available to Perry's attorney, including applying ex-parte in the High Court for the following:
A prohibited steps order
An order for delivery up of the child's UK passport by authority of Circuit Judge
An order restraining issue of passports;
An order restraining the other parent from removing a child from his residence
An interim residence order
A bond for return of the child after contact[footnoteRef:2] [2: http://www.reunite.org/edit/files/articles/Child%20Abduction-Case%20Management.pdf]
Moreover, the statutory framework related...
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