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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4483
Experience:  Barrister at law
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Thank you for helping me. I am divorced, my children are

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Hi
Thank you for helping me.
I am divorced, my children are G(7) B(12). We planned to go to Spain in 23rd Aug early morning. During mediation my ex wife agreed to this and promised to write a letter consenting to me taking the children and also to give me the passports. The holiday was paid in full a month ago.
Since day one of separation and after divorced I paid money for children maintenance in full through standing order. The joint house was sold in Nov 2018 and we now have an disagreement about a liability on an outstanding bill. The bill is £345.She has her own business and take home around £100k a year.
She now has send 2 text to say unless I paid the full amount she will withhold the children passports.
I know she cannot do this as financial and children spending time with their parent do not overlap. I have send her an email to say that I will work with her on the outstanding bill and at the same time the children spending time with their father is not a tool to force payment when the two parties can not agree. I said I will ring her to ask if that is still her final thought regarding the children passports on Monday and then I said base on the answer I will then decide my next step. That is the language I used in the email as I want to be consistent in presenting myself as a reasonable person.
Could you please let me know the following if she still refuse:
1) Should I go for a C100 family court form or specific order form.
2) Is there enough time to bring this to court to get permission to obtain consent and passports. If yes what are the require step?
3) I am thinking the next step after Monday is to get a solicitor to write her a letter stating that she undertake promise to give me passports and travel consent letter ASAP otherwise I will make court applications.
I am looking forward to your feedback and suggestions.
Your sincerely
Bob
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
I will wait thank you.

Hello Bob, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

1. If applying to court this would be a specific issue order application on the C100 form.

2. You would be able to apply urgently because of the proximity of the travel dates, so there is time.

3. Yes, this would be another option, though it will add time and will be at a further cost to you. It may therefore be a waste of money if you are going to have to apply to court anyway.

I hope this assists and if you have further questions you can always come back to me.

Customer: replied 4 months ago.
Thank you so much for answering my questions. Going forward is there a way of asking the court so that I can be the holder of the passports as since separation only I have take the children abroad and she has been difficult previously in providing the passports.
I am also concern that she hand over the kids but won’t exchange the kids the night before flying out, what would be the best way to minimise that risk?
Thank you
Customer: replied 4 months ago.
Sorry, I mean she will handover the passports but not won’t exchange the kids.

The specific issue order can deal with both points. If the court order states that you are to have the children for the holiday, and she refuses to allow the children to come to you the night before, you would have to involve the police. The police do not normally get involved in family law issues, as long as the children are safe and well, but they can insist that either a prohibited steps or specific issue order is adhered to.

Customer: replied 4 months ago.
What likes to happen is she will run away to another location and be non contactable until I missed the flight. The flight is 7 am the next day so not much time to get police to locate her. Could I ask the court anything specific to minimise this risk. Thank you

I suggest that you ask for the handover of the children to be more than 24 hours prior to the departure date, allowing you time to either involve the police or make an emergency application to court.

plclegal, Barrister
Category: Family Law
Satisfied Customers: 4483
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you so much for this. I was thinking about this so much last few days. I will download the c100 and start filling it out now.
Customer: replied 4 months ago.
There is an option to leave you a payment to as gratitude, please let me know how I can do this. Thank you again.

Thanks for your feedback, I'm actually not sure how the payment side of things works but as you have accepted my answer I'll be credited for my time, which I appreciate. Best wishes.

Customer: replied 4 months ago.
Thank you, ***** ***** looking

Thanks and kind regards.

Customer: replied 4 months ago.
Hi Thank you for helping me early this morning.
I have now filled out the C100 form and was not sure section 4 relating to mediator. The last meeting 12th July she agreed to all this, confirm in the mediator summaries. Do I need to go to the mediator to get this sign of before file it with the court. I would be grateful if you have a look at the C100 form I filled out and see if this is now good to go.
I appreciate you are might not be available and may take sometime to get back to me on this. Thank you.

OK. You need to tick 3c and 3d on page 5, as you have ticked previous MIAM attendance as well as urgency.

Section 4 you leave blank as you are claiming exemption. So you do not need the mediator to sign off.

You need to put more details in section 5b - about why you are making the application, the agreement in mediation etc.

You should attach to the application the mediation agreement and the messages where you are told that the children will not be made available.

I would also not say that you owe her money, I would say "due to a dispute over a small amount of money that the Respondent claims the Applicant owes her, the Respondent has indicated she will now not honour the mediation agreement made on 12 July 2019 and refuses to a) provide the Applicant with the children's passports and b) confirm that she will make the children available for the planned holiday. As mediation is not legally binding, the Applicant has no choice but to apply to court for an order permitting travel."

Section 6 is just about why the application is urgent. So that's the dates etc - the rest goes in section 5b as background.

So you are almost there, just a few tweaks to make.

Customer: replied 4 months ago.
Fantastic. Thank you so much. Will work on it straight away.

No problem - my pleasure.

Customer: replied 4 months ago.
Hi,
Thank you for your valuable input.I have now made the adjustments that you have suggested. I am not sure about the Nature of Application of travel on page 3 of the PDF documents. Could you let me have your input on that.
I live in Ascot so I will go to court in Slough. Thank you for your help again.

OK, can you clarify which part of the document and exactly what wording you are not sure of? Also please bear in mind I may pick this up in the morning. Thank you.

Customer: replied 4 months ago.
Thank you, ***** ***** attached the page on the section I would like advice for. I was wondering is it sufficient to say order to permitting travel and then leave the order for the children to be available 24hrs before travel and for me to hold the passports of the children in the other section. I will wait for your input in the morning. Thank you.

Yes this should be sufficient.

Customer: replied 4 months ago.
Thank you so much for looking at it and giving me your expert input. Have a great week. I have figured out how to do the tip payment so will be doing it today. Thank you.

Thanks very much - I hope the application is successful. Kind regards.