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Preventing court ordered holiday

(13 Posts)
Fourormore Tue 15-Mar-16 12:44:36

If the RP prevents the DC from going on a court ordered holiday abroad, should the NRP stay behind in the UK and attempt to convince the RP to eventually hand over the DC so that the DC can see the NRP in the UK at least or should the NRP just go on holiday without the DC as planned. The NRP also has another two children with their new spouse and will be going on the holiday regardless but are perhaps a bit young to be as distressed as the DC that would be left behind.

Sootica Tue 15-Mar-16 19:26:04

If she doesn't comply with the order it's entirely up to the NRP what he does next. I don't think he could be expected to miss his holiday with other DC but he should bring it back to court on return.

willconcern Tue 15-Mar-16 19:31:56

RP shouldn't prevent the DCs going on the court ordered holiday.

Fourormore Tue 15-Mar-16 19:45:39

Thank you Sootica. I wasn't sure whether the NRP might be criticised for continuing with the holiday when he could stay behind and try to attempt a second handover.
Willconcern - ah, if only the RP did as they should!

Sootica Tue 15-Mar-16 20:31:10

Four if there are prebooked plans he should definitely travel unless he wants to stay behind, can't see any judge being critical of that. Fingers crossed she doesn't make life difficult.

Fourormore Tue 15-Mar-16 20:32:18

Thank you, I hope not too. We'll see smile

willconcern Tue 15-Mar-16 21:20:59

Ah you are NRP, or NRP's wife?

Very sad that the RP would do this (I am a RP and would never restrict a holiday like this).

What would RP do? Not be there when you go to collect the DCs? Or refuse to give you passports?

Can you arrange pick up so that there's no chance of prevention? Not sure how. By being early so they are there? Solicitor to write letter warning of consequences of breaching the court order?

But if you are prevented then I don't see that NRP has much choice - he should go on holiday as planned.

Are the children old enough to understand?

Collaborate Wed 16-Mar-16 09:07:38

The court can order the RP to reimburse the NRP for the lost cost of the holiday.

Fourormore Wed 16-Mar-16 09:16:19

There won't be a lost cost as such as the NRP's spouse will still go on the holiday with the other children. I just didn't know whether the NRP would be expected to miss out on a holiday with their spouse and younger children in order to stay behind and try and convince the RP to handover the children that the court order is for.

Sootica Wed 16-Mar-16 09:27:39

Of COURSE NOT - the blame has to solely be on the RP in those circumstances. fake illness is a common way to try and prevent the holiday but the NRP can't be criticised for not disappointing his other children.
Cost of child's flights / travel would be lost and reclaimed unless it's a UK cottage type holiday. It doesn't sound like a holiday where you can just join the others later by driving down a day or two late from the way you are writing though.

Fourormore Wed 16-Mar-16 09:34:05

It would be a sailing so just the child's passenger costs really, fairly minimal. If the NRP were to join later with/without the children, that would have to be by flying.

babybarrister Wed 16-Mar-16 10:31:23

If the NRP knew a long way in advance though that the DC would not be allowed on the holiday then a judge might expect the NRP to bring the matter back to court rather than just give up. There is a danger that this might be held against the NRP as a sign of a lack of commitment in the future

Fourormore Wed 16-Mar-16 11:32:27

The NRP doesn't know. If they are withheld it will be on the day of the handover.

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