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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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An urgent request. My son has a 9 yr old daughter. The relationship

Customer Question

An urgent request.
My son has a 9 yr old daughter. The relationship between him and the mother broke up about 8 years ago and she has another partner. My son does not.
There has been a court order in place since 2008 giving my son access every weekend to his daughter.
I organised a family holiday to the South of France for 2 weeks and asked the mother if it was OK to take my granddaughter. The mother had no objections at all. I booked the holiday for 13 family members, including the 9 year old granddaughter, and 5 other grandchildren. I sent a letter into school asking for permission to take my granddaughter out of school during term time. I had a written response from school saying it was OK. School also spoke to the mother who later told me she was glad school were allowing her daughter to come with us.
We have paid for our granddaughter and arranged for the passport with no expense whatsoever being attributed to the mother. Our granddaughter has been involved in the planning, we have bought her all new clothes and she is very excited. All the grandchildren who are coming get on well, as do all the parents.
Three weeks ago, the mother's partner threatened my son's life. My son contacted the police as he believed the threat to be sincere. The police spoke to the partner this week, and although no further action is being taken, the mother now refuses to allow our granddaughter to come on holiday but she says my son can still have contact as per the existing court order. As it is not yet weekend, I will not know until tomorrow, when we usually pick her up, if the mother is going to abide by the court order.
As we go on holiday Sat 21 June 2014, I was wondering if there was any chance of going to court, urgently, to obtain their permission to take our granddaughter away. Is there a form my son could complete for an urgent court appearance? My granddaughter will be terribly upset at not coming as she was so excited. All the other children are also very upset having been told she is not permitted to come.
The situation was not brought about by anything to do with the child, so I do not understand why she is being made to suffer. If the mother is allowing access over the weekend, I don't understand why she is stopping the child coming away with us. The has done absolutely nothing wrong.
Thank you for any assistance you maybe able to give me.
Irene
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

Your son cannot take his daughter out of the UK without a court order or pernission of the mother. He does not have a residence order only a contact order and from what you say the contact order does not cover this scenario. Your son could make an emergency application to court today or 16th June - but it is pretty unlikely that the court would agree that this situation counts as an emergency. The court forms needed are C100, and C2. The C100 sets out all the details and the C2 is to ask for an emergency hearing at very short notice to the mother (instead of the usual 14 days notice, ask for 24 hours notice to her).

Here are the forms:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c002-eng.pdf

To have any chance at all, I would strongly recommend that he gets to see a solicitor very quickly indeed to prepare the appplication to court, and to write a strongly-worded letter to the mother.

Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

You are quite right in your approach - that the application has to be worded about the effect on the child, because in court cases concerning children, the court decides on what is best for the child.

I know this is not the answer you were hoping for but I hope it helps anyway.

I wish you the best of luck.


Thanks and best wishes...

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