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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Hello. I have recently divorced my husband, we have joint custody

Resolved Question:

Hello. I have recently divorced my husband, we have joint custody of our 3 children,aged 18,15 and a daughter with Williams syndrome. my question is: I booked a holiday to Disneyland last year, for August this year...My ex informed me two days ago,that he to is taking them to Disneyland,two weeks before our departure!! They will arrive back in the uk on the10/11th August, and we fly out on the 12th. My daughter is very small for her age,and just 4 stone in weight...will the stress of two international flights in 24 hours be safe for my children? Karen
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.are you looking for legal or medical advice?
Clare
Customer: replied 3 years ago.

Hi Clare, I think it involves both legal and medical. My first concern is for the welfare of my children. Karen

Customer: replied 3 years ago.

In law,can my ex book a long haul flight/holiday without referring or discussing it with me first?

Expert:  Clare replied 3 years ago.
Hi
Just to check - was your ex aware of the trip that you had planned?
Clare
Customer: replied 3 years ago.

Hi Clare


The answer to that is yes. He was told last September, and of the dates out and back, which is why he has booked last minute for two and a half weeks and getting them back a day before we depart. I don't have any objection to him taking them away, but if he had discussed it with me before hand, we could have worked out satisfactory dates. Karen

Expert:  Clare replied 3 years ago.
Hi
Technically neither of you can take the children out of the country without the agreement of the other parent or an order from the court
Accordingly you can apply to the court for a Prohibited steps order to prevent this holiday - since
from what you have said it seems clear that he has booked this holiday purely to cause you problems.
It is clearly unreasonable to expect the children to do this level of travel
One option would be for the children to stay out there for the extra night and for you and your ex simply to cross over.
It would be reasonable for you to expect you rex to bear the costs of arranging this
It would be sensible to discuss this with your ex using Family mediation - reminding your ex that it is the needs of the children which are important - not point scoring
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare.


Thank you for your reply, but I'm afraid that wont work either... If the airline tickets are not used on the outward journey, they are void for the return! Also, I will not be able to take the childrens luggage out with me, as there is a weight limit per person. Karen

Expert:  Clare replied 3 years ago.
Hi
In that case if you are not happy with the position then your only option is to apply to the court for a specific issue order so that the court decides which holiday the children should go onGiven the timings I would expect you to be successful
Clare
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