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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6602
Experience:  Barrister at law
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I want to take my son who is 8 on holiday abroad. But my ex

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Hi I want to take my son who is 8 on holiday abroad. But my ex says no . I have no access problems I pay for him every month I have even told I will pay for a flight out there if she was need in a emergency. It will be for one week in school holiday . I have taken him on holiday in this country before with no problems. She is jealous on my wife still after 6 years thanks
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet this is the first step
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in ilkeston Derbyshire I think there is one in derby
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, 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.

You need to apply for a specific issue order from the family court, in this case.

If there is no reason why this would be detrimental to your son then the court should grant the holiday travel.

Unless this is very urgent (i.e. you have tickets booked for imminent travel), you will need to see a mediator first though.

The process is started by booking a mediation assessment appointment - see here for a link to find your local mediator:

http://www.nfm.org.uk/. Assessments are usually around £30-£40, and the mediator will advise as to how many sessions might be required.

Following that, if the mediation does not succeed (which it may well actually do, as the mediator should be frank about the slim chance of your ex being able to successfully oppose the application), you can apply to the family court for the specific issue order, setting out the holiday proposal.

This is on form c100:

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

You send 3 copies of this form to the local family court centre. There will be a court hearing after you send the form in and a family court adviser will be there in attendance too (from CAFCASS).

The application costs £215.00, and you can represent yourself so you don't need to engage a lawyer.

Can I clarify anything for you?

Customer: replied 6 months ago.
Thank you so much

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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