Hi I have a daughter from a previous marriage, me and my wife have booked a holiday abroad for us and the three children (one from previous marriage) which my ex agreed that my daughter could come with us. Now it’s been paid for my ex is saying she’s not letting my daughter come with us, Can I claim any of the money off my ex for my daughter as it as cost me £300 just for my daughter
hi
When is the holiday? You would be better applying for a specific instruction order so that your daughter can come with you on holiday. It's unlikely you'd get anywhere trying to get money back from your ex.
Hi there
That’s really harsh on your daughter, she will be looking forward to going on holiday!
The order actd has mentioned is called a specific issue order. If there is little time before the holiday is due to start you can make an urgent application, which would also mean that you wouldn’t need to attempt mediation first.
To submit the order to court will cost you £215,but if you use a solicitor it would cost you substantially more. Doing it without legal help is doable, especially with something as straight forward as this, you will be asking the court to look at the facts and make a decision on the holiday.
If this isn’t something you would want to do, the only other way to try and get compensated for the cost would be a small claims court, but that would also cost you money to apply for and there are no guarantees.
whoops - I knew "instruction" didn't sound right as I typed it.
... it’s annoying when you know something but just can’t put your finger on it! I have that all the time... it’s called a senior moment! Lol
I would do as suggested above and apply for an urgent Specific Issue Order with court so that your daughter doesn't miss out.
As Mojo said, it's quite straight forward. You just complete a C100 form and take it to the court and they will list a hearing for you (usually within a week). You might be able to try and claim the court application fee back from the mother that way too if the court rule in your favour.
The holiday is August. My ex says my daughter can’t come because we only have her once a week and she needs to start coming more if she’s to go on holiday. Yet a month ago my daughter asked if she could start sleeping over so I asked my ex and she’s just completely ignored me. I can’t win
It's very common with these things for the non-resident parent to be put in a lose / lose situation I'm afraid. If your daughter isn't already sleeping over, it's unlikely a court will order in your favour for a holiday unless you could get sleepovers in to a routine before then.
How old is your daughter?
It might be worth attempting mediation and ultimately court if the mother is just ignoring any requests to progress contact.
She’s 7. She used to sleep overnight 1-2 times a week then her mum stopped it...she started playing games when my twins were born. We’ve taken her on holiday 6 times and camping for a weekend within the last 7 years and also looked after her for a week 3 times whilst her mum went away with her partner
Ah that puts a different slant on it entirely. I would say that it's worth making a Specific Issue Application & think about a Child Arrangement Order application going forward for regular contact. It's not fair for your daughter to miss out.