Hi. I'm not sure which forum to put this question in, so I'll try here.
I have been through all the typical dramas through the years, (ex preventing me seeing children, solicitors, agreements, broken agreements, mediation, court, allegations of abuse, more court + enforcement order). One of the issues I've had in the past (before my court order and enforcement order) is that my ex would allow me to book holidays for the children, to then announce last minute she won't be allowing them to go, for some obscure reason.
Anyway, after being falsely accused of child abuse in 2016 and the subsequent court case (in which my children sided with me despite having had no contact with them for over 6 months due to the false allegations), I gained a Court order and enforcement order, giving me contact with the children for 102 days a year.
Importantly, holiday time was mentioned in the Order (I get half of the children's school holidays) but not holidays abroad etc.
Since the court order I take my children abroad each year without issue. However, despite having my holiday booked since last year, and my ex being aware of it, she has contacted me this week and told me the children won't be going due to the Coronavirus. We are due to go next month.
Now, it has nothing to do with Coronavirus. She knows I rent a villa out there, so the children will have no contact at all with people other than who they would have contact with in the UK (shop workers mainly). Of course there is the plane and airport, but that is also a nonsense.
That is because she asked me to pick the children up when I land, on my way home from the airport. If she was so concerned about them catching coronavirus in Italy or on the plane, then why is she allowing me to pick the children up as I land? It's an absurd position.
In any normal situation I would apply to court for an emergency order. However, with the added issue of Coronavirus, I am wondering if the judge would take this into consideration and say she is acting reasonably.
It should be noted also, she works in a building where she comes into contact with dozens of people and they're not wearing masks. Her partner works with the public, and outside of the plane ride, the kids would be safer with me anyway.
Any advice on whether I should try to get an emergency order, or whether this would be a losing battle.. Thank you for any advice.
Such a shame as the only ones that lose out is the children. I'm sure after all this craziness a holiday is much needed.
Sounds like you have enough precautions in place to keep them as safe there as they would be with you here.
I understand the plane would be my biggest concern, but they have been deemed safe and masks will be worn.
Life goes on and I feel it is important for us to carry on as normal as possible, especially with children involved.
How old are yours? Old enough to speak up?
In your shoes, I would try every which way to get them away, so I'd be putting that application in. Nothing to lose!
With travel now open I can't see a judge completely ruling it out. Worst case could you claim for your financial loss from your ex at least in the hearing!
I'm sure someone on here who may have been in a similar situation will come forward with some sound advice.
Court/judge would go with current government guidelines, if the flight is operating the gov have approved then unless your ex throws in some curve ball you are unaware of I can't see it being rejected in court..
I would try to get a detailed response from her as to why you cannot take the kids on holiday just to make sure you haven't missed anything.. Plus you can use it in court..
UK Gov guidance is clear that its ok to travel to Italy and no need to self-isolate for 2 weeks.
These countries and territories have been assessed as no longer presenting an unacceptably high risk to British people travelling abroad. Foreign & Commonwealth Office (FCO) travel advice is based on risks to British nationals, including in-country public health assessments.
if your not going to get any money back by cancelling your trip, then I would put in urgent hearing (specific issues order), and state that you will suffer financial losses if your not able to take the trip.
it would be a good idea to get court to grant you permission to take children abroad on holidays in future.