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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33306
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 have been divorced for two years and have regular access

Customer Question

Hi,
I have been divorced for two years and have regular access to my 6 year old and 2 year old daughters. I have held out taking them on holidays because my ex said she is not ready. However I now want to take the eldest skiing. My ex is being extremely difficult and involving my 6 year old in the discussions. I'm looking for some advice on how to proceed. Thanks,
Richard
Submitted: 26 days ago.
Category: Family Law
Expert:  Harris replied 26 days ago.

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

-Where do you intend to take her and for how long?

Customer: replied 26 days ago.
Skiing in France for one week
Expert:  Harris replied 26 days ago.

Thank you. Unfortunately you would need the consent of the mother to take her abroad and if this consent is refused you will need to apply to court for a Specific Issue Order using form C100 and a £215 court fee.

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 your question without a positive rating. Thank you

Expert:  Clare replied 26 days ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

This is to add to the above.

There are a number of issues here.

It is not reasonable for your ex to refuse to allow you to take the Children on holiday because "she is not ready"

Children are entitled to a close relationship with both parents and if you are able to care for the children then you should be able to take them away.

It is also entirely inappropriate for your six year old to be involved in any of the discussions regarding the time she spends with you - she is not old enough and these are adult matters.

having said that if you have not yet taken the children away for short holidays within the Uk then it is unlikely in the extreme that the Court will agree to your taking just the eldest away abroad skiing as a starting point.

You would be better seeking permission to take both the chidlren away in the Uk for short periods of time and then a full week or ten days in the UK with a trip abroad the following year.

The starting point is to try and discuss matters with your ex using Family mediation

www.familymediationcouncil.org.uk

Only if that fails is a Court Application the next step - and you should apply for a Child Arrangement Order

Please ask if you need further details

Customer: replied 25 days ago.
Thank you very much Clare. I have taken my two children away in the UK for three nights to Bluestone and I am about to do the same again in December. The rationale behind taking just the eldest is that she is too young to ski and so on this occasion I thought she would be better off staying behind with her mother.
Customer: replied 25 days ago.
Hi Clare
In light of me having taken them for three nights in the summer and about to do the same again in December, is it likely that a court would allow me to take my eldest skiing?
Thanks
Expert:  Harris replied 25 days ago.

Hi, thank you for your further enquiry. Given the long standing relationship and arrangements in place, as well as overnight stays there is a good chance a court will allow the arrangements for her to go abroad with you.

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 your question without a positive rating. Thank you

Expert:  Clare replied 25 days ago.

Thank you for asking for me.

It is difficult to assess whether or not the Court will agree this year.

i assume that you wish to take her for at least a week - which is twice as long as the longest UK trip.

In addition whilst the rationale for just taking the eldest is sound separating the chidlren will not be attractive to the court.

Finally the actual activity MIGHT be a problem.

I say MIGHT be cause you may be in front of a Magistrate or Judge whose children or grandchildren were born on skis - or conversely one who shattered his or her elbow at an early age when they fell on the slopes.....

If it were me I would push for 10 days in the Uk in the summer - OR a week away with them both abroad

However that does not mean it is not worth trying - just be prepared to have an alternative request

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