Legal discussion family law

doyle128

hi im looking to see if anyone has any advise. Brief scenario my niece is 25 with a 26 month old daughter both Irish citizens and her daughter was born here. Eight months ago she left Ireland and followed her partner and child's father to the UK to try make a life for their family. Things did not work out after a rocky after 8 months, with the last 2 months of physiological abuse she wanted to come home but the father took the child's passport to try prevent this and began legal proceeding for custody claiming she was an unfit mother, she got the ferry home with financial support from her parents. The courts in the UK are now stating she must return to the country with the child as she was removed without parental consent. They have refused any attempts for an adjournment to the hearing on grounds she needs to have time to arrange financial support for travel and legal help and have demanded she return and seek local authority housing and prove that her child has habitual residency in Ireland and are only giving her 1 week to do so any advise would be much appreciated.

Victor

She needs a solicitor now.

https://www.hcch.net/en/instruments/conventions/full-text/?cid=24

doyle128

Victor wrote: »

She needs a solicitor now.

Thank you Victor we have to wait until Tuesday and they are demanding she be back in the UK by Thursday doesn't give a lot of time but thank you for the information most helpful

Really Interested

Victor wrote: »

She needs a solicitor now.



Thank you Victor we have to wait until Tuesday and they are demanding she be back in the UK by Thursday doesn't give a lot of time but thank you for the information most helpful

As this is a possible Hague Convention case legal aid should apply. I believe a person will get appointment straight away. Also legal aid board are the best when it comes to such cases.

doyle128

Really Interested wrote: »

As this is a possible Hague Convention case legal aid should apply. I believe a person will get appointment straight away. Also legal aid board are the best when it comes to such cases.

OK we will try that first she was refused legal aid in the UK as she was not a citizen so we should try here.

Really Interested

doyle128 wrote: »

OK we will try that first she was refused legal aid in the UK as she was not a citizen so we should try here

I assumed from OP that the women and child are in Ireland now. So if a Hague convention case is in being then the High Court in Ireland will have to get involved. Contact local legal aid board on Tuesday morning inform them it is a possible Hague convention case and pressure is mounting.

Without proper legal advice any return to UK could cause difficulty with any further case.

doyle128

Really Interested wrote: »

I assumed from OP that the women and child are in Ireland now. So if a Hague convention case is in being then the High Court in Ireland will have to get involved. Contact local legal aid board on Tuesday morning inform them it is a possible Hague convention case and pressure is mounting.

Without proper legal advice any return to UK could cause difficulty with any further case.

.

doyle128

Thank you we will take your advice and do so.

Pat Mustard

Mod note:

Posts amended to tidy up broken quotes.