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2 week holiday abroad...
#1
Help and advice please. Mom sent me letter saying she WILL be taking child abroad for 17 days.

A session at child contact centre that would have taken place during that time will be missed. On top of that 3 x weekly whatsapp calls will be missed, one on the day of the flight and 2 during the holiday.

Do I have any rights I can enforce? Am I in my rights asking for proof of destination?

Is she in breach of an existing court order?

I recently had a court order detailing a contact plan, despite it not progressing as planned I still maintain contact by visiting my kid at the contact centre fortnightly on supervised basis regardless.

Thanks
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#2
(02-04-2020, 08:27 PM)BirminghamUK Wrote: Help and advice please. Mom sent me letter saying she WILL be taking child abroad for 17 days.

A session at child contact centre that would have taken place during that time will be missed. On top of that 3 x weekly whatsapp calls will be missed, one on the day of the flight and 2 during the holiday.

Do I have any rights I can enforce? Am I in my rights asking for proof of destination?

Is she in breach of an existing court order?

I recently had a court order detailing a contact plan, despite it not progressing as planned I still maintain contact by visiting my kid at the contact centre fortnightly on supervised basis regardless.

Thanks

The way how a Court would view enforcement is that the children do have a right to a holiday a year. They would only enforce if it became a regular thing in your contact time.

However, she should be offering alternative dates, to replace the missed contact sessions.

From my understanding, if the is going in the EU, there is no extra charges still, so she could ask the children to phone you.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
(02-05-2020, 08:01 AM)MarkR Wrote:
(02-04-2020, 08:27 PM)BirminghamUK Wrote: Help and advice please. Mom sent me letter saying she WILL be taking child abroad for 17 days.

A session at child contact centre that would have taken place during that time will be missed. On top of that 3 x weekly whatsapp calls will be missed, one on the day of the flight and 2 during the holiday.

Do I have any rights I can enforce? Am I in my rights asking for proof of destination?

Is she in breach of an existing court order?

I recently had a court order detailing a contact plan, despite it not progressing as planned I still maintain contact by visiting my kid at the contact centre fortnightly on supervised basis regardless.

Thanks

The way how a Court would view enforcement is that the children do have a right to a holiday a year. They would only enforce if it became a regular thing in your contact time.

However, she should be offering alternative dates, to replace the missed contact sessions.

From my understanding, if the is going in the EU, there is no extra charges still, so she could ask the children to phone you.

Thanks Mark. They're going outside the EU.

Am I in my rights to request proof of travel plans? As any parent yes I'm worried whether they are taking my child where they say they are, I was thinking of

Asking for proof, in non compliance log a ticket with the children services... what that will achieve I dont know...
Reply
#4
(02-08-2020, 11:48 AM)BirminghamUK Wrote:
(02-05-2020, 08:01 AM)MarkR Wrote:
(02-04-2020, 08:27 PM)BirminghamUK Wrote: Help and advice please. Mom sent me letter saying she WILL be taking child abroad for 17 days.

A session at child contact centre that would have taken place during that time will be missed. On top of that 3 x weekly whatsapp calls will be missed, one on the day of the flight and 2 during the holiday.

Do I have any rights I can enforce? Am I in my rights asking for proof of destination?

Is she in breach of an existing court order?

I recently had a court order detailing a contact plan, despite it not progressing as planned I still maintain contact by visiting my kid at the contact centre fortnightly on supervised basis regardless.

Thanks

The way how a Court would view enforcement is that the children do have a right to a holiday a year. They would only enforce if it became a regular thing in your contact time.

However, she should be offering alternative dates, to replace the missed contact sessions.

From my understanding, if the is going in the EU, there is no extra charges still, so she could ask the children to phone you.

Thanks Mark. They're going outside the EU.

Am I in my rights to request proof of travel plans? As any parent yes I'm worried whether they are taking my child where they say they are, I was thinking of

Asking for proof, in non compliance log a ticket with the children services... what that will achieve I dont know...

A Court would require her (even if in the EU), to get you flight/travel details, where staying, who with, and they should provide an emergancy phone number.

Unless you can evidance risk of no return (or goverment advice to travel to the area, for example currently China), a court would not stop a holiday.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#5
(02-08-2020, 02:04 PM)MarkR Wrote:
(02-08-2020, 11:48 AM)BirminghamUK Wrote:
(02-05-2020, 08:01 AM)MarkR Wrote:
(02-04-2020, 08:27 PM)BirminghamUK Wrote: Help and advice please. Mom sent me letter saying she WILL be taking child abroad for 17 days.

A session at child contact centre that would have taken place during that time will be missed. On top of that 3 x weekly whatsapp calls will be missed, one on the day of the flight and 2 during the holiday.

Do I have any rights I can enforce? Am I in my rights asking for proof of destination?

Is she in breach of an existing court order?

I recently had a court order detailing a contact plan, despite it not progressing as planned I still maintain contact by visiting my kid at the contact centre fortnightly on supervised basis regardless.

Thanks

The way how a Court would view enforcement is that the children do have a right to a holiday a year. They would only enforce if it became a regular thing in your contact time.

However, she should be offering alternative dates, to replace the missed contact sessions.

From my understanding, if the is going in the EU, there is no extra charges still, so she could ask the children to phone you.

Thanks Mark. They're going outside the EU.

Am I in my rights to request proof of travel plans? As any parent yes I'm worried whether they are taking my child where they say they are, I was thinking of

Asking for proof, in non compliance log a ticket with the children services... what that will achieve I dont know...

A Court would require her (even if in the EU), to get you flight/travel details, where staying, who with, and they should provide an emergancy phone number.

Unless you can evidance risk of no return (or goverment advice to travel to the area, for example currently China), a court would not stop a holiday.

Hi Mark, please excuse my lack of naiveness but why would they provide a emergency tel number? Cant think of a scenario where I would have to call them unless something happens and they dont return for whatever reason... have I answered my own question?

As I have PR is it a given they need to provide me the father with; proof of travel details, itenarary, staying arrangements: when and who with, especially as they are leaving the jurisdiction of England and Wales.
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#6
Ask for Skype calls “as per the court ordered calls”. Doesn’t cost (I think). Suggest email for that and to ask for holiday details so you have something in writing if she s) refuses the calls and b) is going somewhere dodgy. Emergency telephone number is just so you have a contact number - in the unlikely event you saw in the news that there had been an incident in that area or something. It could just be her mobile number if she says that will work where she’s going. Point is your children are out of the country and you need to know where and to be able to make contact if you needed to.

I just used to ask ex to confirm if she would be contactable via her mobile in case of emergency and asked her to contact me in case of an emergency . Half the time I have no idea where my ex is in holiday but that she tends to go on cruises so visits a few countries. Main thing is contact.

So how about

“As your 17 day holiday is over our son/daughter’s usual time with me, I would like the rearranged alternative days to be one day before you depart and two day’s on your return. Also please can you confirm that the court ordered phone contact will take place via Skype. Please could you also furnish me with contact details in case of emergencies as follows: The place/country you will be going to and the telephone number of the place you will be staying. Regards you.
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#7
Thanks Charlie
(02-15-2020, 11:56 PM)Charlie7000 Wrote: Ask for Skype calls “as per the court ordered calls”. Doesn’t cost (I think). Suggest email for that and to ask for holiday details so you have something in writing if she s) refuses the calls and b) is going somewhere dodgy. Emergency telephone number is just so you have a contact number - in the unlikely event you saw in the news that there had been an incident in that area or something. It could just be her mobile number if she says that will work where she’s going. Point is your children are out of the country and you need to know where and to be able to make contact if you needed to.

I just used to ask ex to confirm if she would be contactable via her mobile in case of emergency and asked her to contact me in case of an emergency . Half the time I have no idea where my ex is in holiday but that she tends to go on cruises so visits a few countries. Main thing is contact.

So how about

“As your 17 day holiday is over our son/daughter’s usual time with me, I would like the rearranged alternative days to be one day before you depart and two day’s on your return. Also please can you confirm that the court ordered phone contact will take place via Skype. Please could you also furnish me with contact details in case of emergencies as follows: The place/country you will be going to and the telephone number of the place you will be staying. Regards you.

Thanks Charlie.
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