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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our daughter is divorced with 2 children and the residency

Customer Question

our daughter is divorced with 2 children and the residency order is with the ex husband who has the children 1 day a week more than our daughter and the school holidays are split equally.
This year we our parents have paid £1500 for a holiday for all 3 in France and up to now the ex husband has said the passports for the children would be handed over prior to travel.
He has now changed his mind and says the passports won't be passed over in case our daughter loses them. This leaves us in a quandary as it is too late to cancel and get a refund and we stand to lose £1500 and the children to lose a good holiday.
We have a distant relationship with the ex husband and he is not an easy person to talk with although we are attempting to do that but if he proves adamant is there some kind of legal redress we can undertake to ensure passports are handed over?
thanks ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
When is the holiday?
Clare
Customer: replied 2 years ago.

Hi Clare,

the children are 14 and 12 and the holiday starts 26/7/2015

Dan

Expert:  Clare replied 2 years ago.
HI
Does the Order allow her to take the children abroad?
Clare
Customer: replied 2 years ago.

Hi Clare

I do have a copy of the order but where would I find that information? Incidentally the ex has taken the children abroad and he is not objecting to that but won't pass the passports over

Dan

Expert:  Clare replied 2 years ago.
Hi
It would probably be in the wording about holidays, but given that he has taken them abroad it is not of so much relevance.
Your daughter needs to attend a Mediation Information and Assessment meeting with a Family mediator
www.familymediationhelpline.co.uk
Once she has attended that she can apply to the court for a specific issue order regarding the release of the passports.
She will be able to apply for an Urgent hearing given the approaching deadline
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

thanks for your answer but will this specific issue order ensure release of passports? Also can we claim the cost of taking to court against the ex husband?

thanks

Dan

Expert:  Clare replied 2 years ago.
Hi
Yes he will be ordered to release them with the threat of imprisonment for contempt of court if he does not.
You can ask the court for costs and you have a reasonable chance of success
Clare
Customer: replied 2 years ago.

Hi Clare,

thanks for the advice which is reassuring. However we are dealing with a slippery person here and he is quite liable to agree to pass over the passports in mediation (to avoid court) and to withhold at the last minute. Is it better to go ahead with the specific order release?

Dan

Expert:  Clare replied 2 years ago.
HI
Your daughter has to try mediation first it is mandatory
Clare
Customer: replied 2 years ago.

Hi Clare,

thanks but we have dealt with him a number of times and he is untrustworthy. If he agrees to pass over in mediation and then backtracks what happens then?

Dan

Expert:  Clare replied 2 years ago.
HI
Unless he gives her the passports as part of the mediation process then she goes to court
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare,

her ex refused mediation and my daughter has been told to fill in form C100...is this connected with the 'specific issue order'?

We have paid for the holiday (£1600) and so if all else fails would we be able to sue him in court for reimbursement?

Dan

Expert:  Clare replied 2 years ago.
HI
Yes that is the form she needs to use.
Potentially you could try and claim but there is no guarantee of success
Clare
Customer: replied 2 years ago.

Hi Clare,

just one last query...our daughter has gone ahead and taken it to the family court via a C100 form and without a solicitor (against our advice). She has asked for Specific Issue Order for the passports and at the same asked for a extra day per fortnight with the children.

The mediator advised her that the hearing could be held within 48 hours in urgent situations.

The court officer has now informed her the hearing cannot be held before the 25/6/2015 when they due to go on holiday!

Is there any emergency procedure that can be taken to get the hearing heard earlier please?

thanks

Dan