How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33812
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My daughter does not wish to go abroad with my ex husband

Resolved Question:

My ex husband is taking my son and daughter (aged 13 & 11) to Spain on Monday. My daughter does not want to go because she is terrified of going without me. Am I within my rights as her mother to collect her from her father's house TONIGHT, where she has been staying this week?

The current arrangement is that the children spend 2 nights with their dad on alternate weekends.  They usually spend two weeks with him during the summer holiday.  This is a verbal agreement, as only the weekend arrangement is detailed in the proposed consent order, which is currently pending review by the court, despite decree absolute being granted on 7/11/12.

My understanding is that if either of my children do not wish to stay with their father because they are unhappy there, then they do not have to and can return home to me.  Please confirm.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
I am afraid that your ex has as much right to have the child in his care as you do and if he is not willing to allow your daughter to leave with you then he cannot be forced to do so
You can apply to the court for a Child Arrangement Order stating that the children live with you - but you would have to do so as an emergency first thing in the morning
You can also apply for an Emergency Order preventing the holiday tomorrow - but I have to be honest and say that it is entirely possible that the court would not make the Order and would assume that your daughter was just anxious and would enjoy herself if she went.
I appreciate that this is not good news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare.

Thank you for your reply. Does this rule also apply for my children's weekend stays with my husband? My daughter never wants to sleep over at his house. She emails me late at night feeling homesick and often in tears. I am quite prepared for her to continue to see her father, but feel the overnight sleeping arrangement is causing her too much distress. My ex always goes to bed before the children, leaving them to decide what time to go to bed. I feel this is irresponsible. This adds to my daughter's fears about having to leave the country with out me.

Expert:  Clare replied 2 years ago.
Hi
Usually I would have said that if you tried to stop the overnight contact your ex would be able to apply to the courts for an Order re-instating it
HOWEVER the fact that he goes to bed leaving the children up changes the situation markedly
Your starting point is to try and discuss matters with him using Family mediation (www.familymediationhelpline.co.uk) preferably one that also works with young people so that the children's views can be brought to the discussion
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33812
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you feel my service was bad which means that I get no credit for my time and which is not necessary for and does not trigger a refund.
I note I did not make it clear - because of his actions you do have a good chance of changing the overnight arrangements
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions