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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I (father) have court order, negotiated by my barrister, stating

Resolved Question:

I (father) have court order, negotiated by my barrister, stating I agree to be 'sensitive to the diet followed by my daughter at home with mother and at school so far as is reasonable'. It relates to me being 'sensitive' to my daugher eating halal food when with her Muslim mother'. How do you think a future court would interpret this, in particular the word 'sensitive', does it mean I should be buying halal food at home?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I think that this has been drafted by your barrister very well.

I think the wording is not particularly binding to you. I say this because the words 'sensitive and reasonable' to me do not imply that you are to strictly adhere to purchasing halal food.

I would interpret this as you being open to offering different options - say perhaps a vegetarian option if halal is not available to you. You could go so far as to say that if you were having Christmas dinner as a family and the meat was not halal - this would not breach.

If, however, the only meal you ever offered was hamburgers then the other party might argue a breach.

Do however also note that if this is in the recordings section rather than the order section - then it is not enforceable in any event as a breach.

Kind regards

Caroline

Positive feedback is gratefully received

Customer: replied 1 year ago.

which is least binding statement 'as far as possible' or 'so far as is reasonable'?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It's all a question of interpretation on the facts.
I don't think either is particularly onerous. You could argue:
As far as possible - you have to find a halal shop or vegetarian alternative
As far as reasonable - if there is an alternative then offer this
So probably as far as possible being slightly more onerous - but neither are overtly
Kind Regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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