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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35050
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband is trying to take the children out of school

Customer Question

My ex husband is trying to take the children out of school for a holiday (he has them for half of school holidays!) I have very good reasons why taking them out of school is not a good idea plus the absence has been unauthorised by the school. He has applied for a specific order issue, I was given no notice and have just found out it has been granted. Is this right ? I have had no opportunity to put my views across???
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.

Clare : Hi
Clare : Thank you for your question
Clare : my name is Clare and I shall do my best to help you but I need some furtther information first.
Clare : How old are the children, when was the hearing and why does he wish to do this
JACUSTOMER-q0um25yi- :

The children are 7 and 11. He did it last year too and it was noted in the judges report that I had requested it should not set a precedent. I have no problem with the holiday only taking them out of school. The hearing was today I had no notice but would of attended if known about it! He plans to go in two weeks time. Why was I given no notice and is there anytrhing I can do.

Clare : Where is he going - and have you moved recently at all?
JACUSTOMER-q0um25yi- :

both of us live locally I moved a year ago but only 20 metres from FMH. France sking. I have offered him to have feb half term too.

Clare : is that since the last hearing?
JACUSTOMER-q0um25yi- :

the hearing was today so no!

Clare : no i meant since the hearing you referred to last year
Clare : I was eeking to confirm my suspicion that your ex simply used your last address for service i
Clare : however if you do not wish me to continue then please let me know
Clare : There are options available
JACUSTOMER-q0um25yi- :

Claire no there was no service the order states this why I do not know. Address is no problem. Do I have a right to appeal a specific Order?

Expert:  Clare replied 4 years ago.
Assuming that this is what he has done (and it appears likely) then you need to make an immediate applictaion to the ocurt to have the Order set aside on the basis that you did not have a chance to put your argument to the court.
In addition I suspect that he did not tell the court that he did not have permission from the schools - so you need letters from the schools confirming this as well.
The mere fact that he is taking them out of school should have been enough to make the Court refuse since it is against the law.
You do however need to act swiftly - you should be able to get the papers from the court to find out what address he used
If you need more details please ask
Due to connection problems I had written the above prior to getting your last reply.
Just for clarity the Order actually confirms that there has been no service on you AND allows him to do this - is that correct?