[Solved] PR and Holidays

Hi

I'll ask the CCLC is they can pop by and give some advice on this

If you could, that would be great! I am not opposed to my son going on holiday with his family, but he goes away at least 2 or 3 times a year!

Thanks! :p

Do you not take your son on holiday? Maybe you and him could go away for a week together in the school holidays of course 😉

I personally think its a bit pointless getting a PSO. I am sure once he is back off his holiday he will start to settle into school.
If your ex has serious attachment issues how come she is letting him go away without her? :-/

I think he means that his son has attachment issues and that is why he is not integrating well at school.

Excuse my ignorance, but what is a PSO?

PSO = prohibited steps order.

I'll check with the CCLC that this request hasn't gone astray.

Mind if I ask what the purpose is of such an order?

Dear Lark Swift

It is firstly important to establish whether you have Parental Responsibility for your child.

You would have this if:

• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court
Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child. If you are a holder of Parental Responsibility your consent would be required for a removal from the jurisdiction and you should be consulted on all issues surrounding your son’s education.

If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:

• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.

The first stage that we would suggest you attempt with your ex partner is mediation. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding . To arrange mediation please contact National Family Mediation on 0300 4000 636.
However if mediation does not work you can apply to the Court for Order to try and resolve your situation. In terms of the schooling issue we would advise applying for a Specific Issue Order to try and resolve your child’s attendance if you do not feel that mother is exercising her parental responsibility accordingly. The second order you can apply for is a Prohibited Steps Order to prevent the holiday taking place if you do not feel that it is in your child’s best welfare to attend a holiday during school time. The third Order you may wish to apply for is a Contact Order or a shared Residence Order. A Contact Order would state times for you to have contact with your son and a shared Residence Order would be requesting that the child resides with you part of the time and resides with mother part of the time.

To apply for any of the above mentioned orders you would need to complete a form entitled C100. form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.
Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant a Contact Order.

a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE