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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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 a child arrangement order for the care of my now 14

Resolved Question:

I have a child arrangement order for the care of my now 14 1/2 year old son. He is scheduled to be with me for half of vacation term. Do I need his mother's permission to travel abroad for a short (3 day) trip during which he misses no school.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
Who does the Order say that the child lives with?
Clare
Customer: replied 2 years ago.

As a father, sigh, I am not sure. I don't know who the order says the children live with, but given when we made the agreement (and I had competent counsel) 9 years ago I did not pay attention to who the order says the child lives with.


 


We have an arrangement order (whatever the legal term is for a court-approved custodial arrangement is) that provides for the children to be with me every Thursday until Friday morning (during school) and every other weekend i.e. they come back from school Friday evening and go back to school Monday morning - every other weekend.


 


So let me just emphasise, on a Thursday school night, every week, they come to me after school and go to school from my residence Friday morning.


 


We split vacations 50/50. In this case, the kids come to me Thursday 22/5 and then I have them for 1/2 of their mid-term holiday.


 


As a one-off, I want to go to a special family event with Tom (14 1/2 year old son) and he will return Tuesday morning (during the school mid-term vacation which I am meant to have with him anyway). I currently have his UK passport.


 


The divorce agreement has been in place for almost 10 years. There have been no particular problems since negotiating the arrangement 10 years ago.


 


The other child is 17 years old and not part of the travel plans - another sigh studying for AS's, but she is ok, no difficulties there.


 


You are not a barrister by any chance? (I understand if you can't answer, but we did have some help from a barrister named Clare in the beginning).


 


Many thanks

Expert:  Clare replied 2 years ago.
Hi
When was the Order made?
do you have a copy of it?
Did it deal with Residence as well as Contact?
may I ask why you do not wish to talk to their mother about this trip?
Clare
Customer: replied 2 years ago.

Sorry I have to dig up the documentation. That will be for tomorrow afternoon.


 


Before I knew that half-term would have begun, I sent a reasoned request asking her to consider this.


 


I got a response about learning how to study and preparing for a scholarship exam next year.


 


I am preparing another request that she reconsider (my sister is a very good clinical psychologist who helps me with wording - although it has been some 7 years since an issue came up).


 


I just want some idea of where I stand in the circumstances. I kind of doubt I will be sent to debtor's prison if I go off with Tom for 3 days. I have my differences with my ex-wife, but I want my kids to have a normal life and it has been reasonably normal for the last 7 or so years.


 


So, I will look up the documentation. You will understand that as a layman, the concept of 'residence' is not self-evident. As a father, that the kids would be with me, legally and , I assume, contractually for the times I mentioned above, whatever residence was may have 'passed my understanding.'


 


We have joint custody (I am pretty sure that was in the documentation) and I will look for the rest.


 


My hope is that a draft repeat of the request (awaiting the more psychologically judicious eye of my sister) will solve the issue without referring to 'rights.'


 


Thank you so much for your consideration of this.

Expert:  Clare replied 2 years ago.
Hi
Unless you have a Joint Residence Order - unlikely 7 years ago - then you need the permission of hi smother to take him out of the country
Unless she has a Residence Order then likewise she needs yours
Technically taking him abroad without her permission would be Child Abduction.
The chances of anyone getting upset about it - other than your ex - are nil
So unless your ex choses to take it further and issue a Port Alert to stop you going there is unlikely to be a problem - but TECHNICALLY you should not do it
Clare
Customer: replied 2 years ago.

You had asked to see the Arrangement.


 


I appreciate your answer. I believe the arrangement specifically allows me to take Tom out on holidays only upon notification to her. I attach the order you requested.file:///Users/hew/Desktop/lastdiplomaterm.tiffile:///Users/hew/Desktop/lastdiplomaterm-1.tif



I am not sure the copies have made it in readable form for you.



Thanks for your help

Expert:  Clare replied 2 years ago.
Hi
I am afraid they are not readable
Clare
Customer: replied 2 years ago.

I may or may not have sent the scanned files again, but the software of Just Answer is pretty hard to use.


 


When I click on the paper clip, I get this confusing window that seems to be talking about image capture. That's what I tried to use earlier. When I click on a tiny document icon top right of the image capture box, I get another box asking me to select another file. Having selected a file, I can either 'ok' or 'cancel' Upon hitting ok, it looks like it starts to send something, but just hangs without completing.


 


I have bored you with this, because I have sent an email to customer support asking for their help. I feel a little silly offering this but I appreciate your help and am willing to add another £10 if you like.

Expert:  Clare replied 2 years ago.
Hi
No need for that - when they sort it I will review it!
Clare
Customer: replied 2 years ago.

Have you received the files? Zoe of customer support said she sent them on. Do let me know if there is a problem.


 


thanks

Expert:  Clare replied 2 years ago.
Hi
There is a missing page but that is no problem - the second paragraph covers in - it says that Consent is given to holidays so long as the children return to the Uk
You can take your son - provided you return to the UK
Clare
Customer: replied 2 years ago.
Thank you
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - enjoy the visit
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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