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Legal matters

Preventing court ordered holiday

12 replies

Fourormore · 15/03/2016 12:44

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.

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Sootica · 15/03/2016 19:26

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willconcern · 15/03/2016 19:31

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

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Fourormore · 15/03/2016 19:45

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!

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Sootica · 15/03/2016 20:31

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Fourormore · 15/03/2016 20:32

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

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willconcern · 15/03/2016 21:20

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?

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Collaborate · 16/03/2016 09:07

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

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Fourormore · 16/03/2016 09:16

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.

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Sootica · 16/03/2016 09:27

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Fourormore · 16/03/2016 09:34

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.

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babybarrister · 16/03/2016 10:31

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Fourormore · 16/03/2016 11:32

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

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