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Hello
I wonder if anyone can give me some advice please?
I am going on holiday with my two boys (11 and 14) at the end of August. All dates were agreed with my ex-wife and she initially said she was really pleased I was taking the boys away (it's my first holiday abroad with my boys in 9 years).
Unfortunately my ex-wife has now said she won't let me have their passports unless I give her more money. She did very well out of our divorce and I pay her £465 per month Child Maintenance even though my elder son is overnight with me more than he is with her.
My issue is not necessarily the money, but the principle. It amounts to extortion – 'the practice of obtaining something, especially money, through force or threats'. She's saying if I don't give her money, I won't get the passports.
She's even told my children that they may not be allowed to go on holiday, which is upsetting them and they're now pestering me to give her more money too. I think she has showed poor judgement by involving the children. I can't believe that any parent would want to ruin their children's holiday.
There are some time pressures. My ex-wife is taking the boys abroad on the 11th August so I need to get this sorted in the next two weeks. I've asked her to attend Mediation, and she says 'no' to this as well.
Oh dear, what a mess. Part of me says just hand over the cash and be done with it.
Does anyone know if a c100 Specific Issue Order would be the right direction to take? Or something else?
Thanks if you can help.
Hi
Yes an urgent specific Issue Order would be the way to go. Mediation isn't a requirement when it's an urgent application.
You would need form C100 and it's very important that you stress the limited time you have, you had agreement, all paid for, how you are now being blackmailed financially, she has involved the children and how upset the children are. It would be better to take the application in personally, as soon as court opens, they may then get you in front of a judge straightaway, depending how busy they are.
All the best
Absolutely apply for a Specific Issue Order and get this resolved asap. Make sure you are clear on the dates the mother is away with the children so the court can deal with it prior to her trip.
Let us know how you get on.
All the best
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