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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27759
Experience:  25 years experience of all aspects of family law
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my son-in-law is taking the children to France in the summer

Resolved Question:

my son-in-law is taking the children to France in the summer holidays, however he is refusing to say the date he is travelling or returning or provide any flight details. What is the legal position please. Last year my daughter had the same problem but she had to supply him with full details of her holiday to Spain to stay with her father for him to return the passports.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Is there a court order regarding Residence and Contact in place?
Claire
Customer: replied 1 year ago.

No there is no Court Order, they currently have an 'informal arrangement' and my daughter has them slightly longer each month.

Expert:  Clare replied 1 year ago.
Hi
They each need the permission of the other - or an Order from the Court if they wish to take the children out of the country.
The information that your daughter has requested is utterly reasonable - flight details and the address where they are staying is the minimum he should give.
If he continues to be difficult then your daughter could if she wished apply for a Prohibited Steps Order to prevent him taking the children out of the country - or better still a Residence Order - which woudl allow her to take them out of the country for up to 28 days at a time
It would however be less confrontational and thus more reasonable to try and discuss matters with him using Family Mediation (www.familymediationhelpline.co.uk)
Claire
Customer: replied 1 year ago.

She's been trying to be reasonable but he just won't co-operate just bombards her with texts demanding the other passport or confronting her in front of the children. The problem is that 'his' two weeks are to start at the end of this month so mediation will not be an option because of time scales.


Do you have any idea how much a Prohibitive Steps Order would cost.

Expert:  Clare replied 1 year ago.
Hi
An emergency mediation appointment should be possible.
If your daughter decides to go the court route she should also apply for a Residence Order/
The Court fee is £200 - solicitors costs will depend on the solicitor she chooses to use
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27759
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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