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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 10390
Experience:  Dual qualified Solicitor and Attorney
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I wouldlike to ask a question to a solicitor regarding a

Customer Question

Hi
JA: Hi. How can I help?
Customer: I wouldlike to ask a question to a solicitor regarding a relocation case
JA: Where are you? It matters because laws vary by location.
Customer: relocation case sorry
JA: What steps have you taken so far?
Customer: I am in the court proceeding at Barner court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes I would like to take my child for a Christmas holidays to France my ex husband do not agree my son is leaving with as my ex husband suffer from alcoholisim
Submitted: 18 days ago.
Category: Family Law
Customer: replied 18 days ago.
File attached (1Q363M1)
Customer: replied 18 days ago.
Hi those are the last 2 court orders that I have
Customer: replied 18 days ago.
I would like to know if I could take my child on Christmas holidays without his father permission
Customer: replied 18 days ago.
I would like to travel to france for 15 days my son is leaving with me
Expert:  Jeremy Aldermartin replied 18 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 18 days ago.
Thank you I really appreciate your help
Expert:  Jeremy Aldermartin replied 18 days ago.

At the moment you do not have a final order giving you permission to move to France nor giving you sole custody therefore you would need the fathers permission or a court order to take the child on holiday to France. As he will not give permission you will have to apply to court for a specific issues order. A ‘specific issue order’ is used to look at a specific question about how the child is being brought up in this case to take them out of the country for 15 days. Follow these steps to apply for a court order:

1) Read guidance CB001 on making an application: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

2) Fill in the C100 court form found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

3) Send the original form and 3 copies of it to the nearest court that deals with cases involving children, you can find the nearest court here: https://courttribunalfinder.service.gov.uk/search/

It costs £215 to apply for a court order. You may be able to get help with court fees if you’re on benefits or a low income and you can find out more here: https://www.gov.uk/get-help-with-court-fees

I trust this assists

Customer: replied 18 days ago.
Thank you for your answer do you know how long it will take to process the application
Customer: replied 18 days ago.
would it be possible to email the court and explain the situation
Customer: replied 18 days ago.
as it is one month before Christmas I am concerned about the time the application can take.In addition, my ex-husband is an alcoholic so I can not leave my child with him and the court knows it
Customer: replied 18 days ago.
I thought i could take my child for 28 days without the father's consent?
Expert:  Jeremy Aldermartin replied 18 days ago.

It should be a quick application hopefully within a week or two. You can email the court and explain the situation. No you can only take the child for up to 28 days without the fathers consent if you have a court order for sole custody but the two orders you uploaded does not show that. I trust this assists

Customer: replied 18 days ago.
Thank you I wil do the c100 application
Expert:  Jeremy Aldermartin replied 18 days ago.

Happy to help, take care

Customer: replied 17 days ago.
Hi i would like to ask a questions regarding a court order i recieved
Customer: replied 17 days ago.
Those are the points of the court order I need clarification.
9. The father has permission to file and serve an updated statement by 4pm on 10 December 2021.
Next hearings
10. There shall be a Pre-Trial Review hearing on the [first open date after 14 January 2022].
11. The matter shall be listed for a final hearing with a time estimate of 3 days on the [first open date after
28th January 2022]
Customer: replied 17 days ago.
I need to know if there when I will have a final hearing as I do not understand which dates
Expert:  Jeremy Aldermartin replied 17 days ago.

They have not confirmed when the final hearing will be it will be on the first date after 28 January 2022 so you can expect it early next year. I trust this assists

Customer: replied 15 days ago.
Hi, I read the cB001 book and it said the c2 is to join an existing proceeding would it be better to apply for the c2 rather than the c100 as I have proceedings already in Barnet court?
Expert:  Jeremy Aldermartin replied 15 days ago.

I still believe the C100 is the better approach. I trust this assists