TOPIC: HOLIDAYS ABROAD

HOLIDAYS ABROAD 3 years 4 months ago #75958

Well at the final hearing the didn't contest residency.

But she got everything else her own way, despite her lying endlessly to the courts making up disgusting allegations nothing gets said, the judge was very much on her side.

After 3.5 years of raising my daughter and she buggering of for 2 years there is a clause in the court order which states "i must give her 2 weeks notice if i want to move houses, and should she not give her consent then i must get a court order to do so". Has anyone on here heard of such a clause?

I spoke to my Mckenzie friend and he claims he has never heard of a woman having such a clause put in the court order and he sees it as blatant gender discrimination. Quite obviously the courts want to see us back in the near future.

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Last Edit: by simonses.

HOLIDAYS ABROAD 3 years 4 months ago #75961

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Have you thought about appealing? Did you put up any counter arguments when this clause was discussed and the judge decided to put it in?

I wouldn't let this put you off moving, if she were to refuse I honestly can't see any court refusing to grant the move, there's plenty of case law to back up moving...but I agree that is a step too far!

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HOLIDAYS ABROAD 3 years 4 months ago #75969

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Simonses... That order cannot be enforced.

If you want to move, she must raise the PSO. That is not your obligation to follow.

What a foolish caveat to have put into an order. I would write to court. You are not slave to someone else's permission to move home.

One minor element, it is proper and courteous to let people know you are moving and to consider the impact on the child. Beyond that well..
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HOLIDAYS ABROAD 3 years 4 months ago #75971

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I agree with Yoji.
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

HOLIDAYS ABROAD 3 years 4 months ago #75980

The reason she has put it in is because she is claiming i am wanting to move from Northern England to the South ( which is closer to her house) hence if i'm going to unsettle my kid i might as well let her go and live with the mother, and that i'm somehow deceiving the court.

My barrister just said to go along with it on the basis if i contested it the judge will say well maybe you are intending on moving south (i've no plans to move as of today)

At the previous hearing when she agreed i'd have residency the judge said that so long as i was not moving somewhere far away out of spite then it wouldn't be an issue.

Do i get a solicitor to seek to alter the court order as effectively the judge has given me an order which is highly likely to result in more days in court.

I have to say all whats gone on has taken a toll on my mental and physical health, my Mckenzie friend says there aren't many who get dragged through it like i have and the barrister who is also a judge said something similar.

Irony is i'd have give her what she got and more if she went to mediation 9 months ago, it must be £20-25K spent between us and all there is now is utter hatred between us.

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HOLIDAYS ABROAD 3 years 4 months ago #75982

This is the clause - it is more about the school, but obviously this is just another way of preventing me moving. In 21 century Britain where people move around the counrty for work and relationships i now need a court order to participate in this.

" Upon the Respondent Father advising the Court that he does not presently intend to relocate out of the locality of the school attended by the child. And upon the parties agreeing that the child shall continue to attend at .......... C.E. Primary School, and that any intended change of school shall be agreed between the parties or by Court Order, And upon the Father agreeing that he shall give to the mother 14 days notice of any intention he may have to move home and provide appropriate details of his new address."

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Last Edit: by simonses.

HOLIDAYS ABROAD 3 years 4 months ago #75984

That looks like a recital rather than an order, so it isn't enforceable anyway. I wouldn't worry about it personally. Think about how it will affect you in practice - not at all unless you're planning to move house or school.

It basically just records what you agreed to. The bit you've made bold is covered by Parental Responsibility anyway so you'd always have to do that.

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HOLIDAYS ABROAD 3 years 4 months ago #75985

But at some point in the future there is a good chance i'll move for work or relationships, to me i've now got to seek permission from the government to do so.

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Last Edit: by simonses.

HOLIDAYS ABROAD 3 years 4 months ago #75986

simonses wrote: But at some point in the future there is a good chance i'll move for work or relationships, to me i've now got to seek permission from the government to do so.


That isn't what it says. It says you are to notify your ex at least 14 days before you move. It then says that any change of school has to be agreed between you or a court order has to be sought. As the child's education is covered by PR, you're supposed to both agree on any changes to the child's school before they are made anyway.

It's not permission to move that you would be seeking, it would be a Specific Issue Order on the school choice. If this recital wasn't in there (and remember, it's unenforceable), then the only other option would be to do it all without consulting the mother or without her agreement and that's pretty antagonistic.

In practical terms, I really don't think this makes much difference at all. Unless you're planning to move house in such a way that the child's contact with the mother is changed then she's not going to be able to stop an internal relocation and if her contact would be changed then it's right that she should have a say in that.
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HOLIDAYS ABROAD 3 years 3 months ago #76421

I'm not at all happy with this court order as it effectively stops me having holidays with my daughter when it is more affordable, the only option i have is the first few weeks of the summer holidays and the costs are insane especially now i am rarely working.

The mother has got 100% of the half term holidays, not just the week but the entire 9 days. is this normal? and what would be the chances of getting it altered in the future? I'm also of the opinion that its not in my kids interest for her to be dropped off on the Sunday at the end of each of the holidays as when she comes back from her mothers now she is exhausted due to staying up until midnight as she tells me (she's 6)

The main holidays are split 50/50 and she sees her for 1 weekend during each term time.

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HOLIDAYS ABROAD 3 years 3 months ago #76428

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Hi simonses,

The only thing I would say is if you are unhappy with the order you would need to ask for a variation.

I don't think all half terms (all 9days) is particularly fair either. I take it you aren't a fan of term time holidays like me haha

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HOLIDAYS ABROAD 3 years 3 months ago #76429

Need to sell a kidney to take her on holiday in summer or the week of Easter.

Thing is the order has just been issued so if i go back right away i presume i'd be liable for her costs and the judge wouldn't alter it anyway.

Is my best strategy to bide my time and show it isn't working for my kid.

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Last Edit: by simonses.
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