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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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 have parental responsibility. My ex is taking the children

Customer Question

I have parental responsibility. My ex is taking the children on holiday to turkey with her new boyfriend. He has refused a crb and she will not give me any holiday details, flight / accommodation. I only know this mans 1st name. I have told her i do not want in any way to stop them having a holiday but would like details of holiday and him to have a crb as he is sharing accommodation with the children. She has refused mediation. would a judge order her to disclose this through a specific issue order and could they make a crb a condition of the holiday. i want them to have a holiday but want to know they are safe and their whereabouts in case of any emergency's.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long has she known her new partner and do you have any reason to question his suitability to be near children?
Does your ex have a Residence Order?
How old are the children?
Clare
Customer: replied 2 years ago.

Im not sure how long she has known him. She did not tell me of him or the holiday, the children told me about him in feb. I don't want to press them on it as they seem uncomfortable. My daughter is 8 my son 10. She does't have a residency order. I have no reason to suspect as i only know his first name, thats it. My son seems happy with him but my daughter doesn't say much. I'm sure he is ok, i hope he is and i want them to be happy. However, there has been a past situation with my daughter from when she was two (not with this man) that was investigated (my stepfather) but never proven but we now no longer have any contact with him. This is why i have concerns. He has a child of his own. I just want to ensure i have taken all precautions to protect my children

Customer: replied 2 years ago.

Hi Clare,


 


Are you able to reply today as I am on my brothers laptop who is only staying with me until the morning. I can try to get access to another tomorrow, if you need more time.


 


Many thanks

Expert:  Clare replied 2 years ago.
Hi
Your ex needs your agreement to take the children out of the country - and you are entitled to know full details of the flight and accommodation
You can apply to the court for a Prohibited Steps Order to prevent the journey unless those details are given - and the Order will be granted
I am afraid that you are not able to insist on a CRB check - although if you live in an area where the Polive operate Sarah's Law you can find some information
Details here
http://www.parentsprotect.co.uk/police_disclosure_scheme.htm
You can find out about court applications here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your reply Clare. It has been helpful. With regards to Sarah's Law, I only know his first name. I don't know his surname or where he lives. Can the prohibited steps order ask for this information so i can make an application for Sarah's Law.


 


Thank you.

Expert:  Clare replied 2 years ago.
Hi
Yes you can ask this as part of the application
Clare

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