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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33376
Experience:  Barrister at Self Employed Barrister
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I have just gone through the 2nd mediation meeting with

Customer Question

I have just gone through the 2nd mediation meeting with my ex, over our 3 year old daughter. I have her stay with me every other weekend, and a week night, weekly. The one issue that I cannot get resolved is:
A) Taking my daughter to visit my sister and nephews in Yorkshire, 200 miles away, ( I live in Purley) - I go away anyway just don't say! as I think I am entitled to do this, with equal parental responsisiblities. (can she do a preventative order? she has no justification except it is 'too far, 4 hours away'.
B) Taking my daughter on a short one hour flight to Belfast to visit my dad and relatives in Northern Ireland.
Can you advise?
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
In the time that you have the child as you both have parental responsibility you are allowed to go off to visit your sister in Yorkshire. She can apply to the court in theory for something called a prohibitive steps order, but the court is not unless there are real safeguarding issues prevent you from going to Yorkshire. If you wish to take your children abroad and she will not consent, you can make an application to the Family Court for a Specific Issue Order. If the court grants permission for you to take the children abroad, you do not need the mother’s consent. Northen Ireland is more complicated as it is technically outside the country. There are some great books on this issue on amazon on how to represent yourself in the family courts which talks about this type of thing. I hope that this helps. Please rate positive
Customer: replied 2 years ago.
So nothing new on the first query, A) that within wales and England (and Scotland?) I can take along my child without say.Answer B) Sorry, but I was after specific information on taking to visit my relatives in Northern Ireland, not just a referral to a book. can you expand on the Special Issue order, and A) what is involved and B) what are the chances of getting approved.
Expert:  ivorylounge replied 2 years ago.
a. during your time with the child you are pretty much allowed to do what you would expect - and this basically means that you would be able to go anywhere within England. I would not consider that the court with have a problem either with Wales or indeed Scotland.b. A specific issue order is a court order which would allow you to take the child on holiday out of the jurisdiction - you would need to make an application - the mother would be able to respond and the court would make a decision (sometimes with the help of CAFCASS) You would make the application on a C100 - and you can do this should the mediation break down. On the basis that it is only a holiday and you would be coming back it is more than likely that the court would agree to the trip. The suggestion of the book was just so you would know everything that you need to know to help you if this becomes an ongoing dispute and without solicitors - hopefully it will not. I hope that this helps Please rate positive
Customer: replied 2 years ago.
Thank you for replying in more detail. For the C100, I have downloaded and printed the form out from 'family law advice' website. Can I complete and send it off myself, and if so can you advise who/where/the procedure?
Expert:  ivorylounge replied 2 years ago.
You can but you will need to get a sign off from the mediator that the mediation has come to an end. You would send the form off to your local family court. I hope that this helps. Please rate positive
Expert:  ivorylounge replied 2 years ago.
I hope that this helps - please rate positive - thanks