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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court order in place which allows me to take my three

Resolved Question:

I have a court order in place which allows me to take my three daughters on holiday. I have provided their mum (my ex wife) with full details of our travel plans and hotel. I have requested the passports so that I can complete the online check in and visa applications. However on one occasion when we had arranged to hand them over, she wasn't in, and upon messaging her, she tells me that she wont be handing them over as in her opinion I don't need them yet.
My six year old has informed me that "mummy said she's not giving you the passports until the night before". She is not planning on taking them away between now and when we go. Is there anything I can do via a solicitor or the courts?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen does the holiday start?
Customer: replied 1 year ago.
Hi Clare,The holiday is on the 6th of April. I have asked in advance due to the visa applications and I knew from previous experience she would do anything possible to make this as difficult as she can for me and the children.
Expert:  Clare replied 1 year ago.
When were you last in court?
Customer: replied 1 year ago.
August 2015 this was when the order was finalised
Expert:  Clare replied 1 year ago.
I am afraid that your only option is to go back to court for a specific issue order that the passports are passed over to you immediately.You will need to have an urgent mediation meeting first - but you shoudl be able to get a hearing within the fortnight if you act quickly and explain the urgencyPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you!I attempted mediation before but she didn't respond, does this have to go through a solicitor? How do I arrange this?
Expert:  Clare replied 1 year ago.
No you can do it yourselfAll you need to do is contact a mediator immediately and arrange an urgent appointment for yourself
Customer: replied 1 year ago.
And will the mediator contact me ex and invite her to attend? Would it be quicker and easier to just go straight with the specific issue order, bearing in mind she ignored the last mediation request?
Expert:  Clare replied 1 year ago.
It is compulsory for YOU to attend a Mediation Information and Appointment Meeting before you apply to the ocurt
Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Clare. Appreciate your help
Customer: replied 1 year ago.
Hi Clare,further to my original question, my ex hasn't handed the passports over by the deadline I gave. I wondered if applying to court to enforce the original order was a feasible option rather than a new Specific Issue application? Or would this depend upon the wording of the order?Thanks
Expert:  Clare replied 1 year ago.
Does the wording say anything about the passports?Does the order specify Foreign holidays?
Customer: replied 1 year ago.
Hi Clare, no wording about passports and only mentions that I wish to take the children on holiday, and the respondent confirmed that she didn't have an issue with this.
Expert:  Clare replied 1 year ago.
Then I am afraid you do need to apply for a Specific Issue Order.As you say - it is all in the wording
Customer: replied 1 year ago.
I thought that might be the case but just wanted to check. Back to court it is then. thanks for all your help!