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Talk me through a special issues order...

(6 Posts)
Readyisknitting Sat 10-Nov-12 17:35:43

Abusive and violent xh has been xh for the last 3.5 yrs.

2011 I took him to court through my sol (was on legal aid then) so I could take them away, he agreed just before we went before the judge and used it to get contact extended.

2012 he signed a consent form I drew up in Oct 2011, but became obstructive just before we were due to go in August.

I have just asked him to sign another consent for next years holiday, and he has refused. His reasoning is that "it's his turn'.

Xh is an alcoholic, with 3 hair strand tests demonstrating prolonged excessive alcohol consumption. He has signed an undertaking with the court to not drink during contact, and to not drive the children. the children report he breaks the former during contact every time, however I have no proof. He has been told that I will not allow overnights until he can demonstrate sobriety for 12mths or longer. The court did not seem to have a problem with this when the undertaking was drawn up (April 2011) and I have not been back since July 2011 when he was reminded that the undertaking still stood.

My plan is to write to his solicitor requesting the permission, and then court for a special issues. I'd quite like to bring up the breach of the undertaking, but am not sure how to go about it, whether it could be part of the special issues, or would it have to be separate? Pretty please, could someone talk me through doing a special issues order.


Collaborate Sat 10-Nov-12 18:11:31

It's specific, not special.

A residence order would give you automatic permission to take kids abroad for up to 28 days at a time, or you could get a specific issues order. The other issues would be raised under a general review of the contact arrangements, but its all s8 of the Children Act, so one application form and one fee.

Readyisknitting Sat 10-Nov-12 19:11:17

So which would be better to get? I knew a residence order would remove the need for permission, but he's incapable of caring for them properly, and if anything I need contact tightening, for the children's safety and well being. I am concerned that a residence order would over-ride the current set up, and allow him overnights.

Collaborate Sat 10-Nov-12 23:27:49

It doesn't really matter. Just put on the C100 court form you want all 3, and in the box saying what you want, just note what you want to achieve.

RedHelenB Sun 11-Nov-12 07:52:45

How old are the childrenb?

Readyisknitting Sun 11-Nov-12 15:32:27

thank you, I will write to his sol, and then begin. I really appreciate your advice

the children are 8,6,4, with their birthdays in apr, jan and feb respectively

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