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Holidays

 
(@daloser)
Eminent Member Registered

Hi

I have a court order on 29th March 2021 followed by specific issues order in June 2021 for taking my children out of this Jurisdiction as I am Indian.  This was refuses however, it clearly states the following -

15. The Court made it clear that after 03.07.2026, the parents may agree between themselves
arrangements for longer-haul holiday but with no expectation that the mother has to agree for the children
to travel to countries which are not signatories to the Hague Convention. The Court also made it clear
that agreement to short, medium and long-haul holidays to countries which are signatories to the Hague
Convention should not be unreasonably withheld.
Other recitals
16. It is recorded for completeness that:
a. it is agreed in principle that the children should have the opportunity to enjoy holidays (including overseas)
with each of the parties;
b. the parties shall keep one another informed of their respective plans for any and all proposed holidays
(including location, accommodation and travel arrangements);
c. any and all proposed holidays must take in to consideration the relevant travel rules arising from the
Covid-19 health pandemic;
d. the below order does not amount to leave to remove the children from the jurisdiction pursuant to section
13 (1) (b) Children Act 1989.
THE COURT ORDERS
Jurisdiction
1. The court declares it is satisfied it has jurisdiction in relation to the children based on habitual residence.
Final order (specific issue)
2. The father’s application for general permission to remove the children from the jurisdiction for up to 21
days at a time and specific permission to remove the children from the jurisdiction for a 21-day holiday to
India each year is hereby dismissed.
3. Any overseas holidays to be taken by the children (with either parent) are to be confined to the UK or
short-haul European Union /European Economic Area countries until 03.07.2026 (or sooner with the express
written agreement of both parties).

 

Following this, due to misguidance from my lawyers and my children begging to spend more time with me, I re-applied to variance the court order which I had to retract and a Section 91 was placed until Dec 2025.

 

I had asked permission to take the boys to Spain for Summer holidays this year (previously asked last year in November but got no reply) and she has refused .

 

I suggested mediation and she replied that unless I provide tangible and reasonable evidence I will not travel onward from EU, she will not allow this.  With the order above, I have applied for a reinforcement order to take the boys and her lawyer has replied it is a specific issues order and Sedction 91 means the court will need to give permission.

 

Questions I ask as a litigant in person - (i can't afford anymore legal fees)

1.  As he has written to the court with this statement, should I reply to the same email address using the court mentioning, the order is passed for travelling to EU

2. Should I submit a C2 form?

 

Any advise would be much appreciated.  I rather not go to court, but she either doesn't reply or is not clear on what TANGIBLE AND REASONABLE is

 

 

 

Quote
Topic starter Posted : 30/03/2023 7:54 pm
(@bill337)
Illustrious Member

Hi,

So it appears a lot of important information has been placed under recitals. You can not enforce these by making enforcement application. Also as barring order is now in place, if you make more and more applications then it even looks worse on you.

Is it possible for you to avoid international travel for a while and take UK only holidays? 

If you tell her you will send her proof of return flights to/from EU country, will she accept that as tangible and reasonable? Maybe she is uncomfortable with 21 day holiday for kids. Maybe shorten it to 7 nights?

ReplyQuote
Posted : 30/03/2023 9:31 pm

(@daloser)
Eminent Member Registered

@bill337

Hi Bill, 

Thanks for the reply

It is only 7 nights. I know it looks awful, but I have been trying since last August and she replied only on Feb. The holiday is for my children, not me. I have asked her what tangible and feasible is, asked to mediate and no reply. This is all via email. Surely this is enough evidence to show u have tried extensively prior to going to court? 

Is this not controlling? How come she can refuse when the court has said we both can travel? 

She goes back home to Ireland thrice a year and I only know on the day. The court order states we both should inform about travelling, is that allowed? Republic of Ireland not a part of the UK too

 

This post was modified 1 year ago 2 times by Daloser
ReplyQuote
Topic starter Posted : 04/04/2023 3:39 am
(@bill337)
Illustrious Member

@daloser if you like you could  return to court, log application as specific issues order. But would need to seek permission from court.

ReplyQuote
Posted : 04/04/2023 5:10 pm

how contact centres work

(@daloser)
Eminent Member Registered

@bill337, very grateful for your advice. It's heartbreaking I need to go to court to take my boys on a holiday that they would love.i will think About what to do.

ReplyQuote
Topic starter Posted : 04/04/2023 7:20 pm

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