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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
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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I was just wondering if I could get some advice I have separated

Customer Question

Hi I was just wondering if I could get some advice I have separated from my wife we are not devorced yet but I'm concerned about her new boyfriend taking them to Turkey next week I don't think it's safe for my children to go to a country that has plunged into turmoil over the last week I was there a couple of weeks ago and can see things are not right and after the bombings and shootings over the weekend I fear for my children I have expressed this to my wife and have asked her to change the destination but she won't and feel I can do no more than to take leagl action to prevent my boys being put in harms way
Can you advise me what to do and what rights I have please
Kind regards
Phill ainsworth
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHow old are the children and have you researched what is happening in the part of Turkey she is intending on going to
Customer: replied 1 year ago.
Hi Clare my boys are 8 and 10 I don't know what part they are going to as she won't tell me but I know the country is not the best place to be at the moment after resent events my concerns are the fact that there are things happening over the with the terrorist attacking different places they could have gone anywhere in the world but they have booked Turkey I am an ex solider and have seen meany things and been in situations I wish I hadn't and it has left me scared for life my boys are to young to be put through that sort of thing and I worry for them I have counciling for some of my problems and suffer from depression and it's not the life I want for my boys and if I could never live with myself if something happened and I did nothing
Thanks for getting back to me
Expert:  Clare replied 1 year ago.
In fact she cannot tale them out of the country without your agreement or an Order from the Court.You shoudl inform her that you require as a basic details of the flights and the accommodation and if she does not provide them then you will apply to the Court for a Prohibited Steps Order to prevent the trip until those details are givenOnce you have the details you then need to do some research and check what the situation in that area is like. I cannot say that just because it is Turkey the court will say no - but if you can shown that it is a known risk area then the court might agree with youThe form you will need is a form C100 and the fee is £215http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdfI hope that this is of assistance please ask if you need further details

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