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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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've recently split from my wife in which I want to

Customer Question

Hi
I've recently split from my wife in which I want to take my daughter on holiday for 2 weeks. My wife won't give me the passport to do this for the simple reason that she will miss her to much. We both have a joint agreement between us that we have our daughter on a 50/50 basis. Is there anything I can do to access the passport to allow my daughter a holiday?
Kind regards
Nick Flear
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old is your daughter and how recent is the split?How is the child's care shared between you?
Customer: replied 10 months ago.
HiMy daughter is 8 years old, basically we have her 2 days on 2 days off through the week and then every other weekend between us, that side works ok given the unfortunate situation.
Customer: replied 10 months ago.
Apologies the split has been 10 months
Expert:  Clare replied 10 months ago.
Hi
What is the longest time she has spent away from mum to date?
Clare
Customer: replied 10 months ago.
8 days she came on holiday with me last August.
Expert:  Clare replied 10 months ago.
HI
You will need either the mother's consent or an order from the court if you wish to take your child abroad (it is the same for your ex)
You shoudl try and discuss this with your ex using Family mediation - pointing out that that she too will one day wish to take her abroad.
If that fails then you will have to apply to the court using a form C100 for a specific issue order allowing both the holiday abroad - and forcing her to hand over the passport.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 10 months ago.
Thank you one final question if I have to get a court order, if It was in my favour would I still pay the costs?
Expert:  Clare replied 10 months ago.
Hi
Sad;y no - costs are not awarded in such cases - the £215 fee cannot be recovered
Clare
Customer: replied 10 months ago.
Thank you once again.
Expert:  Clare replied 10 months ago.
Hi
You are most welcome I hope all goes well
Clare
Customer: replied 10 months ago.
Sorry one last question do I have to go to mediation before applying to the court?
Expert:  Clare replied 10 months ago.
Hi
Yes I am afraid so
Clare
Customer: replied 10 months ago.
Thank you if my ex wife is not willing to attend, Is the only other alternative through the courts to access the passport.
Expert:  Clare replied 10 months ago.
HI
I am afraid so - you will need a Court Order to take the child abroad in any event
Clare

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