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Holiday
#1
Hi Guys,

I have 50/50 shared care but nearly everything that I try to do like seeing my child on special occasions - father's day, birthdays and going on holidays are met with a 'no'.

I went with my child to Australia on holiday recently which was court ordered (I'm from there) and have asked that I'd be able to go again in the summer holidays of 2021 which I believe to be a reasonable request. The response I had was 'no and I will explain why in court.' Do you guys think if I applied, I could get the existing court order varied to say I'm permitted to go on an annual basis?

Cheers!
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#2
Court ordered i appreciate. But if you have parental responsibility and a 'lives with' order you can take the child out of the country for up to a month anyway if you have shared care. That is what normally applies for resident parent.

Rather than go back to court, I would point this out to her. She can't stop you if you have a lives with order but if she wants to make a fuss of it every year and says no right no, then yes it may be worth taking back to court as a specific issues variation.
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#3
Thanks for that mate. The main issue is she holds my child's passports. I'm minded to ask the courts that I should be the one that holds the passports so it doesn't keep happening.
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#4
(07-18-2020, 01:51 PM)chewy89 Wrote: Thanks for that mate. The main issue is she holds my child's passports. I'm minded to ask the courts that I should be the one that holds the passports so it doesn't keep happening.

The key to this is in  is the lives with" and your name being on the order.

If it does not say that, then I would look into going to court to vary the existing order, asking for "Defined" holiday dates, and also sharing of significant dates due to your past issues.  Get the Judge to stated you can remove the child from the UK for holidays.

Re passports, get an order to say she needs to hand them over 30 days before planned travel, or perhaps the child is entitled to hold a 2nd one, for the country you are from. Anyone with PR can obtain a Passport for their child. Residance does not come into this in law.
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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#5
Unfortunately it doesn't say lives with, it just says contact. Yeah my child has 2 passports, one for each country. I really don't want to spend anymore money on representation do you think this would be a fairly open and shut type of case?
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#6
(07-18-2020, 02:54 PM)chewy89 Wrote: Unfortunately it doesn't say lives with, it just says contact. Yeah my child has 2 passports, one for each country. I really don't want to spend anymore money on representation do you think this would be a fairly open and shut type of case?

Yes, this is straighforward.

You need a form C100, and speck to Court Staff first if you think you are able to get a reduction in Court Fees (its means tested).

You just need to state you are returning to Court to Vary the existing orders, as dispite your best efforts, your ex partner has refused to follow the spirit of the order made on xxxx.

The just list a few examples of the issues, like significant dates etc.

Bring up the passport issue, as it should be 1 each.

My Suggestion re school holidays is
half term, whoever would normally have the 1st weekend, to extend it until Mid day Wednesday.
Easter, a 6 day block each, and another 2 day block each, so that you change dates every year.
Christmas, 1 partent from school break up to Boxing Day, other parent then until back to school, to alternate each year.
Summer, your ex to give you a 3 week block, at least 3 months in advance of the holidays, so you can book flights etc.
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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#7
Ok great thanks everyone for the advice!
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