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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8005
Experience:  Barrister at law
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I have been married for 17 years I have four children, my

Customer Question

I have been married for 17 years I have four children, my wife and I am not getting ready and well she has taken the children on three occasions on her own on holidayI'm a businessman, value for exceptional, I have a full-time qualified nanny and I'd like to know whether or not I need to get some form of process in place so that my wife doesn't prevent me from taking my children away for a two week holiday this summer and I have a feeling she will resist it at all cost
Submitted: 8 days ago.
Category: Law
Expert:  plclegal replied 8 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Expert:  plclegal replied 7 days ago.

Good morning and thank you for your patience. If you cannot agree the arrangements then you may need to consider a legally binding agreement, such as a court order.

Mediation has to be the first point of call as it is a legal requirement prior to issuing an application in the family court.

Normally you have to start this process by attending family mediation - 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. Mediation is a collaborative approach and allows you to talk through issues and concerns in a safe and protective environment.

Following that, if the mediation does not succeed in a successful agreement, you can apply to the family court for a child arrangements order (see below description), setting out the living arrangements and contact arrangements that you would like to see.

You would apply on a c100 form, 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

You send 3 copies of this form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

There will be a court hearing after you apply 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.

Once you have a legally binding agreement in place it will be much more difficult for your wife to mess around with the arrangements. Breach of a court order is a serious issue, and can be punished by a fine, community service or in the most extreme cases imprisonment.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 6 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter