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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband who I am separated from has made our two boys who

Customer Question

My husband who I am separated from has made our two boys who are 15 and 13 sign a piece of paper saying that they are willing to go on the holiday dates he has said. They were asked to do this when they had to stay with him for a fortnight while I was in hospital seriously ill! We have a court order saying that he can take them for two separate weeks in the summer holidays, I have let him take them for 2 consecutive weeks in the past, but he will never give me the correct flight details or on another occasion has not let them contact me when away, what can I do, please help!!
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
When will you 15 year old turn 16 and what s wrong with the dates that he has requested?
Claire
Customer: replied 3 years ago.

My son will be 16 next June and the holiday is next August, my son would have liked to be home for his gcse results but was told we either go then or don't go, and the fact that I was ill in hospital and was not aware of these dates or if was I was not even in a fit state to think of holiday dates for next year. Also in the past he has been very vague regards XXXXX XXXXX so on, and this year on their holiday to florida my oldest son was sending me pics on kik of his face very swollen I kept telling him he needed to go to hospital but his father hadn't taken him, it took him well over week to take him.I was concerned because my son had been on a school trip prior to going on holiday and two of the boys on that trip and contracted mumps on their return and I was afraid that he could have the same. He didn't thankfully he had a allergic reaction to a spot cream his father had bought him, that is only available from the doctor here.

Expert:  Clare replied 3 years ago.
The fact that the boys have signed pieces of paper is irrelevant.
At soon as your eldest turns 16 he is no longer covered by the court order and it is up to him whether he goes on holiday or not - regardless of what he has told his father
S far as the younger child is concerned again what he has signed is not relevant HOWEVER do not simply say that he cannot go.
Say simply that you will only release his passport when you have evidence of the flight he is booked on and where he will be staying.
he ill then be either 14 or nearly so and on that basis the court is unlikely to say that you need to be in contact with him during the trip itself.
I appreciate that this is not necessarily what you wished to hear - but it is realistic
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Will he need to go back to court to have the order changed to consecutive weeks instead of two separate weeks as it says now for my youngest son

 

 

Expert:  Clare replied 3 years ago.
Hi
Only if you insist and it would be most unwise to do so.
The court would see this as a reasonable request and would be concerned that you had not simply agreed to the change
Clare
Customer: replied 3 years ago.

Will the fact that we have been separated 5yrs have any bearing on what I am entitled to money wise when it comes to divorce


 

Expert:  Clare replied 3 years ago.
Hi
What assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

There is the family home which is only in my husband's name he said it was easier,his life insurance policies, we never had a joint account. He is in full time employment as an electrical and mechanical engineer as well as he does work on the side, house wiring etc


I am not working he gives me £25 each child each week if he has them for a week he stops it, he will not contribute financially to any school trips and I buy all clothes and shoes they require except what he has bought them up his house which they don't want to wear

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Why have you not applied to the CSA for child maintenance?
Clare
Customer: replied 3 years ago.

The house is worth about £120,000 but he has run it down as much as he can. He had insurance policies and a pension but I would have thought he we would have froze them when I left.

There is either about £5,000 left or its paid off. I never went to CSA because I was claiming benefit and working 2hrs a week and I thought he would tell on me.

As for savings we never had a joint account.

 

 

 

Expert:  Clare replied 3 years ago.
Hi
It is not too late to go to the CSA so do so immediately.
You remain entitled to half of all the assets - possibly a little more - although had you dealt with it five years ago you may well have got the house!
Clare

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