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Original poster

Contact & Drugs

10 replies

Gonzo33 · 25/08/2011 10:06

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.

OP posts:
babybarrister · 25/08/2011 11:31

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Original poster
Gonzo33 · 25/08/2011 13:15

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

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babybarrister · 25/08/2011 13:20

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Original poster
Gonzo33 · 25/08/2011 13:55

Ok, thank you

OP posts:
Collaborate · 25/08/2011 20:42

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.

Original poster
Gonzo33 · 26/08/2011 07:42

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.

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Collaborate · 26/08/2011 07:49

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?

Original poster
Gonzo33 · 26/08/2011 08:51

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.

OP posts:
Collaborate · 26/08/2011 13:14

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

Original poster
Gonzo33 · 26/08/2011 14:32

Thank you Collaborate. I got myself a little confused!

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