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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son in law (Who has children by another marriage) has had

Customer Question

My son in law (Who has children by another marriage) has had lots of problems with his ex to numerous to mention, she has been obstructive, deceitful, manipulative and turned his children and any body else she knows against him, and made him pay emotionally and financially every last penny and drop of blood she can get out of him even though he works and pays for his children, she spends her whole existence concocting ways of destroying. This leaves him his current partner (my step daughter) and children with virtually nothing to live on, he even has to pay for his ex's cab to the contact centre, she is genuinely nasty piece of work.
My question is - she asked to take the children abroad, he has said no as he believes her current mental state is not conducive to letting her take them he is worried they may not come back, now her solicitor has called him saying, she is taking him to court as it is not a good enough reason why she can't take them abroad and told him they are going to make him pay the court costs, she is on legal aid, he is not.... is that right
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question?
Customer: replied 3 years ago.

My son in laws ex partner is taking him to court stating it is not a good enough reason why she can't take the children abroad, Re, above text, if they win the case the solicitor said they are going to apply for my son in law to pay the court costs.


Question: WILL MY SON IN LAW BE LIABLE FOR THE COURT COSTS.


she is on legal aid he is not.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
When you say "go abroad" do you mean a holiday?If so where to and when and on what basis does he fear that the children will not be returned?
(does she have family there etc?)
How old are the children?
Claire
Customer: replied 3 years ago.

Hi Clair,


She says on holiday to Greece the children are, 3,5 & 6 -no family abroad as far as he knows,her solicitor called him saying she wanted to take them the next day. it was too short notice for him to get his head around and basically she is such a liar and flakey he dosen't trust her.


She will possibly also be with her parents who are systematically brainwashing the children against him.

Expert:  Clare replied 3 years ago.
Hi
A request for permission to take the children abroad on holiday is reasonable - a request to take them abroad the next day is not
Costs are not generally awarded in Children Act cases unless one party has behaved unreasonably.
Your son in law should write to her solicitor saying that if he receives full details of the proposed holiday - which MUST be out of school time with at least 14 days notice then he will consider it (and frankly he should agree)
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

great thanks a lot

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Claire

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