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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33296
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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Morning Clare i recently asked you a question regarding my

Customer Question

Morning Clare
i recently asked you a question regarding my court order with my children ,where i asked if the court could force me to have my children above my holiday entitlement and if i was unable to meet these request could they force me to pay for holiday clubs ?
your answer was .no they could not force me to have my children more then i wanted /was able to and they could not make me pay any more than the amount i pay through the csa .
yesterday Basingstoke court made an order against me stating , i have to have the children for 4 weeks of there school holidays ,if i was unable to get this time off then my new partner would have to have them ,if she was and is unwilling to do that then i have to pay for a holiday club of my ex partners choosing . i wonder if you had any comment or advice on this ? the situation i have been left in is my first forced week is scheduled for the febuary half term , i time i cannot get off of work , i do not have the funds available to pay for holiday clubs ,so im going to be left with no option but to breach the order .
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for the questionWhich court - County or Magistrates?Did you ask for permission to appeal?
Customer: replied 10 months ago.
magistrates court , and i explained the position it put me in but he was not interested . i did not ask for permission to appeal i did not know that was the process to follow
Expert:  Clare replied 10 months ago.
You need to appeal the OrderJust to check - what was the actual basis of the application - Section 8 or Schedule 1
Customer: replied 10 months ago.
im not sure ,what section it was made, all know it was an application to vary the existing order where i had every other weekend contact but as my ex wants to start working again this order was made against me .how do i go about appealing the order
Expert:  Clare replied 10 months ago.
Do you have the original applictaion in front of you?What is the number on the form?
Expert:  Clare replied 10 months ago.
Out of interest - do you have any family members - living anywhere who would have the children for a few weeks?
Customer: replied 10 months ago.
i have just found some paperwork ,its section 8and no i have no family members who can have them ,my imediate worry is come febuary 15th im expected to collect my children from basingstoke and i will have to be at work
Expert:  Clare replied 10 months ago.
The first point is that IF you did have the children for these four weeks it would be up to you what arrangements you made for their care - the suggestion that the holiday club should be chosen by her is absurd - they would be in your care and provided they were safe that would be the end of itOf course if you do have the chidlren for these weeks her CSA monies will also fall.However I am aware that this is not what you wantAs a starting point you need to appeal the order on the basis that it was used as a way of increasing your maintenance without a proper application being made.Just to start with - did both of you give evidence?When were the Statements filed?
Customer: replied 10 months ago.
yes we both gave evidence ,she has legal aid representation .our position statements were filled on the 18th january . and the hearing was yesterday the 20thhow do i start to appeal ?
Expert:  Clare replied 10 months ago.
How did she qualify for Legal Aid?You will need to do a combined application for permission to appeal and also submit the grounds for an appeal.The process is set out herehttp://www.familylaw.co.uk/system/uploads/attachments/0002/0019/FPR_PD30A.pdfDid the Magistrates give reasons for their decision?
Customer: replied 10 months ago.
right in the beginning of the case 2 years ago she mad up some claims of domestic violence ,but pulled out of them the morning of a fact finding hearing . but some how she has managed to keep her legal aid going ,the judge said he was encouraged she wanted to start work and it was down to me to assist in this and take a share of the holiday cover or costseven though my csa calculation is just above my protected earnings
Expert:  Clare replied 10 months ago.
My response is unprintable - and certainly I cannot state it here That is NOT what a Section 8 applictaion is about and he has clearly not used the Welfare ChecklistAppeal as soon as posisble

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