[Solved] HOLIDAYS ABROAD

Hi there

I think you should be applying for an urgent no notice Prohibited Steps Order in conjunction with a Child Arrangements Order for residency. Urgent applications don't require attendance at mediation first. This can still be done on the C100 form.

It's advisable to take your application in person to the court office and impress upon them the need for an urgent no notice hearing because you fear that the mothers boyfriend is a risk to your child and you are very concerned that the mother, who is Thai, is intending to remove the child who has been resident with you for three years, lay it on!

Here's a link to the Child Arrangements Programme which explains in some detail the process from mediation through to court. There is a section about urgent no notice applications

https://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf

If you decide to go ahead with the urgent application, as I said before, it's better to take your application in personally. You will also need three copies as well as the original application form and with any luck they should schedule you in for a hearing within a couple of days...push for a date here and then.

Good luck 🙂

Hi an update on this.

My solicitor sent a letter asking for permission to go it was rejected on the basis the mother didnt want my daughter taken out of school for a week. I have letters from the headteacher and class teacher stating my child going to the place she was born would be beneficial and educational and that the last week of school has no formal education.

So as this was rejected i put the C100 in for an SIO, had a court date earlier on in the week, my ex turns up with a barrister who has driven from North London to NE England, the judge seems really on my side despite the fact i was sat there and ignored for most parts, their barrister is still claiming it'll have a negative effect on my kids education despite the fact headteacher and class teacher say otherwise.

It got adjourned until next week, i got a call from CAFCAAS and they seemed all for the holiday and will recommend she goes.

I'm wondering if anyone has been awarded cost in such cases, as her argument is so weak i believe they occasionally do in such cases, as she will have a barrister next week it would be in my interest to also have representation but obviously costs have to be taken into consideration.

Im already £2000 in as there is a custody battle soon, but most of whats been spent is legal advice about this holiday.

Staggers me she can pay so much money to fight me but not contribute 1 single penny to her daughters daily living.

...that sounds promising, especially if CAFCASS are going to recommend she goes.

It's highly unlikely costs will be awarded, this is so rare in civil family law cases. From the sound of it I don't think you need to be represented as it's fairly straightforward, the judge will not be swayed by the fact she has a barrister, and if you have produced evidence from your childs school that they support you taking her and CAFCASS are also recommending it, you're almost home and dry.

This is just my opinion though.

All the best for next week. 🙂

Ive booked and paid 550GBP for one next week, he is going to be representing me in the residence order case, just in case anything else comes up in relation to that case.

Been told this will make her look bad when it comes to that case.

She's only seen her daughter a dozen times in 3 years and she comes back and does this, the stress its caused has been immense and clearly it makes future relations between us far worse. The fact she is being represented by a solicitor and barrister makes me wonder what kind of advice she is getting.

You are assuming she's told them the truth - they may be acting on false information from her.

They know she's barely seen my kid in 3 years, but they're still trying to stop it and are still going for full custody.

I got paperwork from their bundle today wanting my kid to have a section 7 CAFCASS report and to give her opinion on where she wants to live, can't believe theyd stoop so low.

Would the courts likely go for this?

Requesting a section 7 is fairly bog standard procedure during this type of proceeding. As for assessing your daughters wishes and feelings, this is done in light of her age and understanding. At age 5, this isn't likely to be clear. What I can say is that courts rarely disrupt a child from it's existing home and carer unless there is good reason to do so. Your daughter has been with you for three years now so I would think it's unlikely to change.

As for costs - highly unlikely to get these awarded unless there has been a malicious element. Even then it's difficult.

Good luck

Its the word rarely that worries me, my kids settled thriving in school the thought there is even a possibility is causing me stress like never before.

...please don't be stressed, three years is a long time and the courts wouldn't want to unsettle your child unless there were serious sageguarding issues about her care. As this isn't the case and she is thriving at home and in school I very much doubt you have anything to worry about.

We can't give guarantees as its impossible to second guess what a court might decide, that is why we use words such as rarely and unlikely. As long as you concentrate on showing the authorities that you always have your childs best interests at the centre of everything.

Cheers, my child is of mixed race and i have a got a conditional discharge in 2008 for a racial related offence, didnt actually use a racist word. This one is my worry as i called the mother a racist name in an email about 2.5 years ago.

Would this be enough to class as serious safeguarding issues?

...as it happened quite a while ago, I doubt it would have much impact, you may be questioned about it and I would advise that you are open about it if asked about your background and previous convictions. Taking responsibility for our actions can go a long way, we all make mistakes, it's often how we deal with them afterwards that counts.