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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 sisters wedding in france

Customer Question

i am taking my 3 three children to my sisters wedding in france in aug 2014, i am travelling on the sat 23rd aug, the wedding is the sat 30th aug and the flights home are monday the 1st aug. my ex (their dad) is now telling me he will not allow me to travel as the date of return is too soon before the beginning of the term. the school term starts on the wed 3rd aug, he is saying he is going to come to the wedding venue and remove the kids to bring them home a day before our flights, can he stop me and can he remove the children to bring them home? He has been served with a non-molestation order towards me and is also agreed to an undertaking preventing him from entering the home i share with my children. he doesn't have any set dates for seeing the children and sees them whenever he feels like.

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 old are the children?
Do you have a residence Order?
Clare
Customer: replied 2 years ago.

the children are 9,7 and 6 i dont have a residence order at the moment. There is not fixed visitation at the moment, he decides if he has time and will have them for a few hours on a weekend, but not every weekend.

Expert:  Clare replied 2 years ago.
Hi
In the absence of a Child arrangement Order stating that the children live with you then technically you need your ex's permission to take the children out if the UK at all.
From what you say mediation may be a problem although you do need to have attempted it before applying to the court for an Order.
More details here
http://theparentconnection.org.uk/
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So can stop me from taking them to the wedding in aug, can i ask how he could as he is talking about phoning the police to stop me at customs!


really don't want that.


 


To stop me would he have to go down the legal path and get a court order, and what are the chances of him being given one to stop me as this is my sisters wedding, large family event and it is during school holidays. the children are always in my care and i look after them 24/7.

Expert:  Clare replied 2 years ago.
Hi
If he was foolish enough to apply for a prohibited Steps Order to prevent the trip it is unlikely to be successful - as you say it is a trip during the school holidays to a family wedding.
The risk will be that he will make an emergency application on the day that you travel and simply lie about the plans
Obviously it will be resolved before the wedding as you will be back in Court on the nex working day
Clare

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