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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good afternoon, My challenge is this; my ex and I had agreed

Resolved Question:

Good afternoon,
My challenge is this; my ex and I had agreed that I could have my children all next week so that I could take my children on holiday at half term; it was agreed in writing (text) that I would have them from tomorrow evening and return them next Saturday as Lisa wished to take them to Italy.
I tentatively agreed to them going to Italy with two caveats;
1) that she would file a travel plan with me in advance showing flight numbers, airports, accommodation in Italy, contact numbers for accommodation etc.
2) that she would file with me the justification for removing my children from school for said holiday.I have received none of the above.In addition, with less than 24 hrs notice, and after I have paid for our holiday and taken time off to do so; that she now refuses to let me have them half term on the basis that once I returned them the following day when she asked me to fore shorted said visit during visit, which I did not agree to.
She now says I can't have them during the holiday at all, as she fears I won't return them in time for her holiday.My questions are this: can I legally veto their removal from school and their being taken to an EU country?
And secondly, what force I can bring to enforce our agreement for half term?
If not, what I can do to counter charge her for the costs I have incurred?My children are looking forward to next week greatly.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How old are the children and are you named on their birth certificate, or were you married to the mother?

-What have the arrangements been so far for contact and have you taken them abroad previously?

Customer: replied 1 year ago.
I have parental responsibility, we are 18 months into the divorce (nisi not absolute) and post form E awaiting questionnaires. In England, SW region. She has never taken them abroad without me and there is no agreement. I said I'd agree if I was given the details I requested for peace of mind.
Children are 6 and 8 and yes, they have my name and I'm on the birth certificates. Until December 14 we had a conventional marriage.
Expert:  Harris replied 1 year ago.

What are your costs and where are you planning to take them during half-term?

Customer: replied 1 year ago.
not sure if my answers arrived? but it stands me around £2000 as im taking them sailing for a week; plus loss of earnings (£1500) for taking time off. my greater concern than the money is the dissapointment and cancelling of promises made to my children, who were greatly looking forward to it.
Expert:  Harris replied 1 year ago.

Unfortunately, if there is no court order in relation to contact there is no enforcement option for you. The only thing you can consider is issuing an urgent application for a child arrangement order under form C100 and a £215 court fee tomorrow in person to your local family court - however, the court will likely wish to hear from the mother before making a final decision.

If such a route does not settle the matter and you lose out, then this can be pursued as a small money claim against her here: https://www.gov.uk/make-money-claim-online You should initially send her an urgent letter/email threatening this course of action.

In relation to her travel with the children, you can object to them being removed from school if this will impact their education. However, in relation to the travel abroad for holiday, your consent can only be reasonably withheld - so if there are concerns of abduction or safety abroad, then these are reasonable concerns but otherwise a prohibited steps order for them to go on holiday will unlikely be granted by a court.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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