How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4508
Experience:  LLB (Hons)
96947008
Type Your Law Question Here...
SASH_Law is online now

I need an urgent court application for travel order for my

Customer Question

i need an urgent court application for travel order for my children
JA: Where are you? It matters because laws vary by location.
Customer: Sussex, UK
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 18 days ago.
Category: Law
Expert:  SASH_Law replied 18 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Is the other parent refusing you consent for the children to travel with you? Are there any court orders already in place for the children?

The following is useful info to assist you with the site:

  1. I have found that every question asked in my field of expertise can be answered online; I am not available for phone calls.
  2. The site does automated pop ups for calls, if you inadvertently click for a phone call but don’t want one, kindly refer the matter directly to customer services so that they can assist you.
  3. Customer services no. is:(###) ###-####9374
  4. Please note that you have paid for an answer to your initial query – if detailed review of documents is required, then this is likely to attract a premium service offer.
  5. Please note this is a Q&A site – there is no client/lawyer relationship involved. You are a customer of Just Answer.
  6. If it is a weekend, or evening/late, please be aware that responses may be slower. This is NOT a chat service, it is email based.
Customer: replied 18 days ago.
I had consent from my exwife for a trip to Spain in August given to me by her last August - a full 12 months before the holiday. At the time of booking the restrictions were in place and known to her that on return there was a 10 day quarantine. This issue was never raised as being a problem by her. Fast forward to today and after hearing from my children that they were being taken to Greece in late July/August by my exwife I emailed her to remind her that Greece has a 10 day isolation rule on return so she must be back in the UK with them 10 days before my agreed holiday to Spain. She will not reveal the dates or location of her trip (against the law), has not sought my permission so I told her I would give consent to any holiday other than anything covering the 10 days before my trip. In response she has immediately withdrawn her consent to my trip, entirely and clearly vindictively, citing the childrens isolation on their return - which is of no great consequence to anyone. The trip is for the kids to see their aunt and uncle and cousin who they are very close to and havent seen in a year. They will be devastated.
We have a consent order with arranged contact between ourselves of 50/50 shared living.
Customer: replied 18 days ago.
I would like advice on how to apply immediately for a court travel order for my children as soon as possible
Expert:  SASH_Law replied 18 days ago.

So to be clear, there is no court order for the child arrangements?

Customer: replied 18 days ago.
correct
Customer: replied 18 days ago.
just the usual consent order which is about maintenance
Expert:  SASH_Law replied 18 days ago.

If you and the other parent cannot agree on the travel arrangements you should try mediation as a first port of call; you will need to attend a MIAM at the very least before applying to court. If mediation is unsuccessful or the other parent won’t engage, the mediator will sign your form and you will be able to apply to court for a specific issues order for permission to remove the children for a holiday abroad. Had there been a joint lives with child arrangements order, each of you could have travelled with the children for up to 28 days without the consent of the other.

You do this on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

Customer: replied 18 days ago.
can you clarify what a joint lives with the child arrangements order is?
Customer: replied 18 days ago.
Im presuming that is something additional to the basic consent order
and something I dont have
Expert:  SASH_Law replied 18 days ago.

It's a child arrangements order made by the court that says the children live with both of you on a 50/50 basis. You don't have it, so not really relevant to your current circumstances, but I asked you about it in order to clarify your position, so thought I'd be clear why I asked.

Customer: replied 18 days ago.
ah ok. Thankyou. I will get onto that court order with that paperwork straight away. Thankyou for your help
Expert:  SASH_Law replied 18 days ago.

You're very welcome.