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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was planning in applying specific issues order as my

Resolved Question:

I was planning in applying for a specific issues order as my ex is preventing me in takin our child abroad. He previously said yes to me via his Mckenzie friend after the child contact hearing when asked if he would give me a written consent to taking our child abroad to either of 2 destinations, his friend said this could be a problem as both of the countries mentioned were not under The Hague covention and so the Mckenzie friend asked and explained to my ex the issues surrounding the destinations and my ex said yes that's fine and I can go ahead with either of the destinations and proceed with my plans with the holiday and to make the final arrangements and get back to him with the dates, flights and accommodation details and then he will give his written consent and so now I done all this and asking for his written consent he is now saying no because he told his Mckenzie friend that he would "consider" in giving me a consent and that because the destination is not part of The Hague convention it would be a problem and moreover it would be unsettling for our child to go abroad on a 7day holiday. I was surprised by all this and now I am planning to seek a specific issue order, my question is can I claim costs back from him if I applied for a specific issue order?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. In relation to family law matters, costs issues are usually only granted against the other party where they have intentionally delayed proceedings by not complying with court orders. If your ex is able to demonstrate reasonable reasons for changing his mind about consenting to the travel, it is unlikely that the court will allow a costs order. However, costs are at the discretion of the judge so you can ask once a decision has been made regarding the application.Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating. Thank you
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