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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Good afternoon, I have a shared care order in place and part

Customer Question

Good afternoon, I have a shared care order in place and part of the order allows me to the see my son half the school holidays. I want to take my 12 year old son away at the beginning of the first three weeks of the summer holidays 2016 and have sent timings of my plans to my ex 10 months in advance. My ex seems think she can dictate when I have my summer holiday by the fact the order states “the mother to let father no intentions by end of May” I have explained that this is the only time both my new partner can take a holiday over the same period together and would like my son to join me. My son has stated to his mum he wants to come with me on a fantastic holiday with his dad. The difficult one here is that my partner has booked the flights for us all as she feels that my ex does not control what holidays we take together.
Paul
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am a Solicitor and will assist you.
Please can I ask:
- is the holiday abroad?
- does the order that you currently have say that your son should live with both of his parents?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline, to confirm we plan to go away Canada and Hawaii for three weeks, the order is a shared care order and yes it states he lives with both parents. Kind regards
Customer: replied 1 year ago.
Just to add that the mother is particularly obstinate. I feel the court order in its current form is unworkable and needs to be retuned as it is causing misguided meanings that impose unnecessary ambiguity. For example. the holiday situation. It is unfeasible to think someone has to wait until the last minute to plan my summer holiday and have no control even if an employer and a partner has holiday constraints. Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
The courts do consider that children will enjoy holidays abroad and Canada and Hawaii does sound amazing!
The courts consider that a parent should not unreasonably withhold consent - as you have a shared care order - the mothers consent is still required.
If the mother wont agree then you should refer the matter to mediation.
If the mother wont agree at mediation - then you will need the courts permission. You should apply to court on Form C100. Fee is £215 to local family court - seeking Leave to Temporarily take your son out of the Jurisdiction for the purpose of a holiday.
As long as the court can be satisfied that you intend to return to the UK with your son - then the court will highly likely approve the request for you.
You could tell the mother that you will do this if she doesn't provide her consent. You could say that if you have to go to court that you will ask a Judge to consider making a costs order against the mother for having to do this. Costs order are by no means guaranteed - especially in Family proceedings - but they can be made when consent is unreasonably withheld.
If the mother agrees without the need to go to court - get this in writing and take it with you on your holiday.
Kind Regards
Caroline
Please kindly remember to rate positively. No credit is received for our work unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
was typing the last message - when your further message was sent. You can also ask the court to reconsider the situation in respect of the current order and consider amending the same - at the same time as your application for leave.
Kind Regards
Caroline
Customer: replied 1 year ago.
Many thanks, ***** ***** my response to my ex last week aligns its self very well to what your are saying. I take its not guaranteed that the court will side with me?"If you are not going to facilitate this then we need to go to mediation to see whether this can be sorted (mediation is the route we must take before going to court) and if we can’t sort it then I have no option but to apply to the courts – obviously I’m hoping we can resolve this without the need for further litigation."
Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Whilst I cannot say for 100% that a court will align with you I can pretty much almost say that they will. Litigation is never guaranteed - hence no guarantee can be given. The courts approach is that your son will enjoy the holiday and that permission shouldnt be unreasonably withheld. You can be very certain that they will approve the trip.
Kind Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 1 year ago.
Many thanks and I just hope the mother doesn't give the court if it goes that route some excuse. Excellent response I have to say.Paul
Expert:  ukfamilysolicitor replied 1 year ago.
Thanks Paul for your kind words
The mothers best argument is that you won't return - you can rebut that with your flight tickets. Your son clearly wants to go and shouldn't be denied the opportunity
Kind Regards
Caroline
Customer: replied 1 year ago.
Many thanks, ***** ***** shame your not down the road from me as I could do with a good solicitor just in case this goes to court. I will leave you now but many thanks indeed. My initial thoughts were spot on and you have certainly added value to my issue.Kind regards
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome - I wish you all the best
Kind Regards
Caroline
Customer: replied 1 year ago.
Caroline, I have one more question and I will leave you alone, regarding the mother withholding the passport. Son has my surname.Kind regards
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
No worries at all - happy to help.
If the mother has the passport - then you can ask the court to order that this is produced to facilitate the holiday.
Kind Regards
Caroline
Customer: replied 1 year ago.
Many thanks
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome - please kindly remember to rate positively. Unless a positive rating is left - we receive no credit for our work. Thank You.

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