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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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estranged husband got a court order for our children not to

Resolved Question:

estranged husband got a court order for our children not to be taken off the island (isle of man) further to that I then got a court order to stop him taking our children from the island.
he now wants me to give him permission to take the children from the island and if i refuse his request he has threatened to go to court and have the orders overruled and make me pay the cost.
if i refuse his request what chance has he got to overturn the original orders and would be liable for costs?
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.
Why were these Orders made?
How old are the children?
Clare
Customer: replied 3 years ago.

The first order was made by my estranged husband to stop me or my agents, so to speak, from taking the children from the island. I then had an order to stop him or his agents from taking the children off the island.

The children are 15 months old and seven years old.

No doubt my estranged husband gave the court an indication that I would take the children away and I later asked the court to stop him taking the children from the island.

Expert:  Clare replied 3 years ago.
Hi
When were these Orders made and what has happened since then?
Clare
Customer: replied 3 years ago.

The first order against me was made in March 2014 and my order against him was made in May of 2014.

Nothing has happened since then, other than I asked the court for a child psychologist to be involved, though he vigorously objected to it, the court sided with me and said that a child psychologist should be involved.

Expert:  Clare replied 3 years ago.
Hi
Where does he wish to take the children?
Clare
Customer: replied 3 years ago.

He made two requests, firstly he asked me to give my permission to take the children to the UK. I refused.

He then asked again some three or four weeks later if he could take the children to Disney in Paris.

I found this strange, taking a fifteen month old baby to a place like Disney ?! Even the seven year old is too young, seeing that you have to be a certain height to be allowed on most rides.

He said if I did not give my permission he would sue me for the costs.

I am under the impression, if he thought he would get his way in the court, he would have gone through the court in the first place. Furthermore would the court go against both its orders stopping the children being taken from the island ?

Expert:  Clare replied 3 years ago.
Hi
May I ask if at present you even WISH to take then off the Island?
Clare
Customer: replied 3 years ago.

No, I have no intention to take my children from the island, Both my estranged husband and me reside on the island.

Expert:  Clare replied 3 years ago.
Hi
Is there currently a dispute about residence and contact?
Clare
Customer: replied 3 years ago.

Yes, he is applying for residence, there is existing contact.

Expert:  Clare replied 3 years ago.
Hi
Please do not let him bully you.
He has not given a good reason for wishing to go abroad in this period and accordingly there is no reason for the court to lift the order - and no risk at all of a costs order.
he is simply using this as a bullying tactic
Please ask if you need further details
Clare
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