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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 8537
Experience:  I have been practising for 30 years.
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Proceedings have come to an end the final order was made 1st

Customer Question

proceedings have come to an end the final order was made 1st August 2016i don't believe there is a time limitthe undertaking is that i inform my childs father within a reasonable time when we are to go on holiday
Submitted: 4 months ago.
Category: Family Law
Expert:  F E Smith replied 4 months ago.

I have read your previous posts. If you don’t comply with the undertaking, the child’s father can take you back to court to enforce it.

You need to apply to court to release you from the undertaking but it’s unlikely that the court would allow that because it is not unreasonable for the other parent to know when you plan to do this.

Is there a reason that you want to be released?Can you please make sure that you reply on this thread, rather than opening a new one? Thank you.

Customer: replied 4 months ago.
Firstly I believe it is just another instance of control by the fatherSecondly I decide to go on holiday on a,whim or if the package is affordable ie last minute holidays
Thirdly I am under the impression that as the primary carer I am allowed to take my child away for no longer than 28 days without anyone's permissionI feel I was backed into a corner and felt I had no choice other than signAlso my legal representation was totally incompetent he should have I believe advised me better
Expert:  F E Smith replied 4 months ago.

You may think it the father controlling and it may be the case but it is in the court order and hence, you are stuck with it until such time as released from the undertaking.

The whole of the issue comes down to the word “reasonable”.

If you decide to take something last-minute, then reasonable notice would be when you started to look for something and then confirming when you found it.

It also comes down to the definition of holiday. A long weekend is unlikely to be classed as a holiday.

You are allowed to take a child away for a reasonable period of time without consent but, there is a court order which overrides everything else.

Can I clarify anything else for you even though I know it isn’t the answer you wanted?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

We can still exchange emails if you wish.

Best wishes.

FES

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