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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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 won a custody case against my Ex this week. The case was

Resolved Question:

I won a custody case against my Ex this week. The case was concerning my ability to take my children away for Holiday. The children are 3 and 7 years old. The courts granted me 2 weeks away, with the condition that I provide the mother contact information and flight details etc...She is unhappy about the ruling and is filing a "Stay" order and a re-trial. The planned trip is in 2 weeks time! I have bought flight tickets!Can a "stay" of a case over-rule a court order?
Will a stay order be done without my input, or presence.. Can I file paperwork against her "stay" order?How long does it take for a Judge to see this application and make a ruling?Thanks
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

What ground is she using for the appeal?

Customer: replied 6 months ago.
not sure exactly because I have not seen the appeals paper work... (can i ask her for it? or can i get it from court?)she just believes the kids are too young to travel. Cafcass report recommended that they not travel. However this is a special occasion that we are going to. As well as the older child has travelled on holiday with me twice in the past. once when he was 1.5 years old and again when he was three years old. That is the main reason why they decided that I should be allowed my family reunion trip.Three Magistrates and a legal advisor were the decision makers...
Expert:  Clare replied 6 months ago.

How old are the children and where are you going?

Customer: replied 6 months ago.
Children are 3 and 7 and I am going in two weeks
Expert:  Clare replied 6 months ago.

Where are you going?

Customer: replied 6 months ago.
America
Expert:  Clare replied 6 months ago.

Why did CAFCASS say no?

Customer: replied 6 months ago.
CafCass uses old Australian data that says a child under the age of 4 years might have psychological effects in the future if they spend time away from the primary carer..
Expert:  Clare replied 6 months ago.

Must have been a relatively new CAFCASS officer - a fortnight does not cause trauma.

Your ex can file an appeal and ask for the Order to be stayed until the appeal date - but in view of the travel date a Judge will look at it as a matter of urgency

You are entitled to see the paperwork - she needs to serve it on you as well as the court

Please ask if you need further details

Customer: replied 6 months ago.
Last question.. How do I know when the case is stayed?? If she submits paperwork is the previous order stayed.. Or do i follow along with current court orders until I have papers?
Expert:  Clare replied 6 months ago.

You will receive paperwork stating that - until you receive it the Order stands

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33529
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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