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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My partner and I decide to divorce. Our last mediation end

Resolved Question:

My partner and I decide to divorce. Our last mediation end in 16, Sep. No agreement is archeived and we decided to go to court. Before that, I am think about submit C100 for the issue of he do not allow our son 18month who I look after fully to travel with me. I am chinese citizen but have permernant resident permit and I need his letter to allow us left the UK. My mom live in Norway is suffer in illness and I want to took my son to visit her during Christmas. Can I submit C100 before divorcing on court. And the mediation did not address this issue. Should we go back to mediation? Certainly, he will not allow us to go overseas holidays.
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

Yes you can file your C100 at court at any time - it does not depend on what stage your divorce is at.

However, the family court does require that the parties attend mediation before it will consider an application to court - so yes you will need to go back to mediation to discuss issues concerning the children. In theory it is possible to claim an exemption to the requirement to attend mediation eg on grounds of urgency - but your wish to take your child to Norway for Christmas will not be qualify. Look at section 13c of the C100.

It's also very unlikely that you will get a court hearing before Christmas as it's already 12th December.

The best option for you is to go back to mediation and try to get your husband to agree that you take your child to Norway, and explain why it would be good for your son (not just nice for you) if your son were to stay with you, and if your son were to see your mother. You also want to reassure your hsuband that you will be retuning to the UK with your son. If the mediator can help your husband to see the benefits for your son, and your husband agrees, get the agreement in writing and signed by him, and keep it with your passport, so you can show customs if your husband changes his maind at the last minute.

Otherwise, I'm afraid your options are either put off this trip until you have the consent of the court to take your son abroad without your husband's consent, or go alone.

I know this was not the answer you were hoping for, but it would be wrong of me not to be straight with you and give you the legal advice which I think is correct in your position.

I hope this helps anyway and I wish you the best of luck.

Thanks and best wishes...
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