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hi
* I have a contact order in place stating contact every friday sat and sunday.
* And also been for an enforcement order due to missed contact.
* Only been 10 days since enforcement and here we are again. At the enforcement she got a verbal warning judge stated she must wholly and fully comply . to which she agreed and a consent to comply order was written
key information: i have perental responsibility by being named on birth certificate
my child arrangements order sates
The child is living with the respondent mother
contact order stipulates specific to holidays
Holidays: The parents to agree holidays between themselves in writing, each party to give the other reasonable notice but no less than 21 days before the holiday contact is to commence.
Each party is permitted to remove the child for the purpose of a holiday and the following provisions apply:
flight details, destination, accomodation and contact number must be given and 21 days notice
The warning notice (which is on all recent contact orders at bottom of order states Where a child arrangement order is in force and the arrangements regulated by it consist of, or includes arrangements which relate to either or both (a) with whom the child concerned shall live and (b) when the child shall live with any person, no person may cause the child to be known by a new surname or remove the child from the united kingdom without the written consent of every person with parental responsibility for the child or the leave of the court.
However this does not prevent the removal of the child for a period less than 1 month, by a person named in the Child Arrangments Order as a person with whom the child shall live. It may be a criminal offence to remove the child from the united kingdom without the leave of the court.
so two parts of my court order state that written consent must be given before taking a child abroad.
**I have received a text stating ex wants to take child abroad for a period of 32 days but it means she will plan to come back midweek so my actual contact being missed is a disruption in contact for 5 weeks (36 days). and i know she may welll pull a stunt when shes there to delay for another couple of weeks.
** This is clearly not good for the child as its confusing for him,
* He missed 18 weeks of contact at 15 months old which led to him not even recognising me. ive spent the past year rebuilding contact upto what is now every weekend friday sat and sund. now she wants to stop contact for 5 weeks.
* He is not even three years old and the location to which she wants to take him is very hot and humid in march/april (south asia) and is in the country side away from a major city, nearest major city s 100 miles away, nearest town is 10 miles away along county roads etc.. and does not have any decent provisions for medical care i.e nearest doctors etc are 45/min to 1 hour drive away and are also private paid treatment only. no ambulances . or walk in centres . no local chemist. hot country means snakes and other wild animals. a young child ages 3 is more likely to fall ill if they go for a period of 4+ weeks . mosquito bites etc. and if there is an illness only solution is simply to catch a taxi and drive to the nearest doctor an hour away, only to face a huge que which anyone with cash in pocket can jump the queue, money talks!
I have read online that if there is a contact order in place and you plan to take child abroad you still have to make child available for contact based on that contact order
I have refused based on the above and the fact that 5 weeks is too much disruption in contact and that the flight is 8 hours long..
i said i can agree to 10 days so theres only 1 weekend missed in contact which i think is reasonable for both parties. also its a reasonable time where by child is at less risk of any harm/illness.
she can go on holiday withchild and he wont miss out on much if 1 weekend is missed.
He is at part time nursery so im not sure what the legal stance is there for her to take him abroad
She stated in text shes not asking for my advise just informing me but clearly court order states the parents must agree in writing so there has been no consultation
Also the county she proposes to take him to is not part of the Hague Convention so there is the added risk that because she has extended family and parents abroad she may not return
Where do i stand can she still take his abroad without my consent? as ive refused ? Or not. My court order stipulates written consent ..but I'm confused as to the content of warning notice?
What can i do to prevent it?
will the court authorise her to take him for that long?
i havent received written notice yet just text
I am planning on writing to the judge who did the enforcement hearing and explaining that merely 10 days since hearing she is already breaching terms
I have been advised to wait and nearer the time apply for a PSO order with the reasons given
Without a court order in place, the travelling parent must seek the permission of other parties who have parental responsibility to take th child out of the country.
With an order in place, the parent who is named as the parent the child lives with can take the child out of the country for up to a month without permission from anyone else with. Parental responsibility.
Surely she knew she wanted to take him on holiday during the enforcement hearing, yet nothing was mentioned.
I think she can take him abroad as the rules stand, so I think writing to the judge that dealt with the enforcement is a good idea, although she hasn't breached yet, yo could ask if the case can be returned to deal with this situation.
i spoke to a solicitor and was told that basically as there is a condition in my contact order which stipulates that holidays are to be agreed in writing with 21 days notice and and relevant information given means that as i am not agreeing she should not take him abroad without applying for consent from court (i.e specific issues order) whereby i would have to give reasons as to why i dont agree). The bit in the warning notice is on all contact order and as there is a condition within my child arrangements order regarding holidays i.e written agreement then that comes before the generic rule.
Also was told that once i know that she is definately going i can apply for an emergency prohibited steps order to prevent her and give my reasons in a small position statement. This can then by used to circulate her name and childs name to ports/airports and if she still tries to board a plane will likely be stopped/and or arrested.
so i should be ok? sit tight have forms filled in and ready
I will probably write to the judge before then anyway
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