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Family court for specific issue order - what happens in court?(10 Posts)
Me and ex split up just over a year ago. All been about as amicable as it could be and we've managed to come to an agreement about everything (not always easily but we have) between us regarding shared contact etc, until this particular issue which neither of us is budging on - I've applied to court to take our daughter abroad to Turkey for a week at the end of July.
I've been ordered to send him all the relevant travel advice, details of our stay (my parents, sister and her family are going) by Wednesday, which I've prepared and will drop round at his on Wednesday. He then writes his objections in response to that and gives me that on the morning of the hearing (Monday next week).
My question is - will I have any opportunity to give any responses in court to the judge? I have no experience of this and am just concerned that some things that I feel should be taken into account (maybe I'm wrong though!) won't get the chance to be heard.
Has he given his objections?
I think assuming it is a holiday and no risk of not returning the child the court are unlikely to refuse.
Hi, yes we've discussed it by text, Email and met in person too and his objections - as far as I know - are safety concerns. It's a week holiday.
just realised it is Turkey... I was thinking it was about you just going away.. I do understand as I wouldn't go to Turkey right now..How the judges will deal with this I am not sure now.. You could also post in legal..
I have just googled and there is no advice not to travel so not sure they can treat it differently..But I simply guessing.
Thanks for your reply.
I do understand his concerns. Saying that, the three of us travelled to Egypt for 10 days at Easter last year and he didn't have any issues with me travelling to Sri Lanka solo whilst I was pregnant and the civil war was going on. It's mainly the travel advice from the gov.uk that I've been told so send him.
Most specific issues actually get resolved at court before going in front of the judge as there is time for discussion, especially if you are legally represented. If not, the judge will ask the applicant for a summary and the respindant for a response - this needs to be relatively succunt so may be worth writing down your main points. The judge may also ask follow up questions. Be polite. Acknowledge the opposite POV and offer as many solutions/ reassurances as you can rather than putting barriers or maintaining your rights.
teabelle has given good advice?
Also, why turkey? Have you already booked? I dread the thought of my ex booking to take the kids somewhere risky. The thought of my babies being at risk and hundreds or thousands of miles away.
I am not sure how the courts should /do approach applications to take children to risky countries but there has to be a different balance from taking them to somewhere safe. Is it too late for you to change your booking to somewhere lower risk?
In my experience the judge will put a lot of pressure on you to find agreement to this outside the court.
Thanks again for the replies.
I broached the question of wanting to take her on a holiday abroad with my family when we saw each other after a parents evening back in January. He said no problem, as long as I'd have no objection to him doing the same at another point in time. We then went ahead and booked. When I told our daughter around a month ago that we were going to go on a summer holiday, he sent me a barrage of text messages saying absolutely no to taking her abroad this year, that's final etc. I asked if we could meet and discuss it in person, which we did. He asked that I send him all the details, which I did and he has agreed that yes, he's fine with her going abroad but not to Egypt or Turkey.
I do understand his concerns; it's the first thing I've wanted to do with her like taking her away anyway whilst he's taken her to festivals and bought her a motorbike, much to my fright and something he knows I've always been dead against (I haven't reacted very much to this even though he bangs on about it whenever I see him as I know there's not a lot I can really do about that and have to trust his parenting when she is with him - which I do, obviously).
France, Germany and the UK are all high risk, like the area of Turkey we've proposed to go to.
I absolutely looked at changing it all to elsewhere but because it's so late it's no possible at this stage to change it.
Hi wondering over what happened..I remembered your post when I heard about Istanbul...
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