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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I am father to two boys 6 and 8 years. I have PR and joint

Customer Question

I am father to two boys 6 and 8 years. I have PR and joint custody through a court order no residency order. I have been divorced 4 years. My ex has the boys passports and won't let me take the boys abroad in my contact time even if I provide her with all the details . what can I do about this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
Is there a Court order in place covering contact?
What contact do you actually have with the children?
Claire
Customer: replied 3 years ago.
There is a current court order we have shared custody I have the boys every other weekend fri to sun and fri evenings on the in between weeks. The boys also stay half of all school holidays.
Expert:  Clare replied 3 years ago.
Hi
Just to check - you in fact have a Shared Residence Order is that correct?
Claire
Customer: replied 3 years ago.
it says contact order on the top s.8 childrens act
Expert:  Clare replied 3 years ago.
Hi Barry
Doe sit say anywhere that the children "reside" with their mother?
Claire
Customer: replied 3 years ago.
It refers to collecting and returning to respondent mothers property. But nothing states the children should reside at .... At the end there is a warning note referring to where a residence order is in place and following that where a contact order is in place then advice about passports etc
Expert:  Clare replied 3 years ago.
Hi Barry
What you have is a Defined Contact Order and not a Shared Residence Order.
This means that you need your ex's permission or an order from the Court in order to take the children abroad.
However if you apply to the court I have no doubt whatsoever that you woudl indeed be granted permission to take your children abroad (unless of course you were planning water water rafting in Borneo or a trio to sunny Syria - neither or which would be seen as appropriate - I am sure you see the picture)
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) - but you are more likely to have to apply to the court either to amend the Defined Contact Order - or fora Specific Issue Order confirming that you can indeed take the Children Abroad and that your ex has to provide you with the passports in good time for the trip
I hope that this is of assistance - you can read more about court applications here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Claire
Customer: replied 3 years ago.

I am concerned going back to court to do this will result in the origional order being varied and I will lose contact as I am aware My ex isnt happy with how much contact I have. If I do a specfic issue order would this avoid this and how much would it cost in court fees if i represented myself approximately. (Not sure if it is wage related but my self employed tax return last year was in the ball park of £16000). I could only find the application fee on the site you referred me to.

Expert:  Clare replied 3 years ago.
Hi
Whichever Order you apply for she will try and change the contact but it is highly unlikely that the Order will be varied as it is a very standard pattern and has worked well for years - indeed it is more likely that it could be extended if you are in a position to get the children to their schools in the morning.
The form you need is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £215.
Claire

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