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Contact & Drugs

(11 Posts)
Gonzo33 Thu 25-Aug-11 10:06:07

I found out yesterday that my exh has been using cannabis in front of, and whilst in charge of, our ds during his summer leave contact. DS is 10, and has not long done a drugs and alcohol awareness at school so knows exactly what he is saying.

What do I do? We currently live in another country so it is not as simple as saying he can only have supervised contact.

The contact order rubber stamped by the court says that I have to make DS available for contact, do I just say to the exh that he can have contact here until we go back to UK (next year at some point) and then arrange some sort of supervised access there?

DS was very disappointed in his df and was very crestfallen on the telephone.

babybarrister Thu 25-Aug-11 11:31:20

where are you living? is it an EU [not Denmark] country? if so it is governed by Brussels II Revised and as you are now habitually resident there, the courts of that country must deal with the issue unless the original order allowing you to leave indicated that the parties have agreed a prorogation of jurisdiction under Article 12 such that jurisdiction remains here ....

Gonzo33 Thu 25-Aug-11 13:15:55

I live on sovereign land, so am subject to UK law.

babybarrister Thu 25-Aug-11 13:20:56

well I would suggest that you make an application to the original court to vary the contact order then

Gonzo33 Thu 25-Aug-11 13:55:06

Ok, thank you

Collaborate Thu 25-Aug-11 20:42:46

What do you mean sovereign land? It might not be that simple. An army base for example does not mean you don't live in the country it's based in.

Gonzo33 Fri 26-Aug-11 07:42:39

I live on an Army base. We live behind the wire not in the community due to the location. I do know that we are governed by UK law though. Now I am getting a little confused. I would see Army legal but can't because I am not in the Army and my son is not my husbands.

Collaborate Fri 26-Aug-11 07:49:45

For the purpose of jurisdiction within family proceedings you are not in the UK. There was an Icelandic case (I think called Re:K) from around 1995 when a US serviceman based in Iceland tried to claim that whilst living on base he was on US soil and therefore taking the child to the US wasn't technically removing the child from the country. He lost on that argument. He was in Iceland.

When was the contact order made? If less than 12 months ago you can apply back to the UK courts but if more than 12 months ago you'll have to apply to the courts in the country in which you live. Are you in an EU country?

Gonzo33 Fri 26-Aug-11 08:51:04

Ok, I understand now.

Leave of jurisdiction, Contact and Residence Order's were all agreed over 2 years ago.

I am in an EU country, yes.

Collaborate Fri 26-Aug-11 13:14:35

That means the court of the country where you're living will deal with any dispute.

Gonzo33 Fri 26-Aug-11 14:32:09

Thank you Collaborate. I got myself a little confused!

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