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Original poster

Can we be sued?

72 replies

BrightonBelleCat · 09/07/2017 16:21

Quick recap. Dp has custody of his ds. Exw wants to take him on hols. We have sent off his passport to be renewed, she has told us if it doesn't get here in time she will sue us for entire cost of holiday not just ds's portion. Is this right? No reason passport won't be here but just checking.

OP posts:
dementedpixie · 09/07/2017 16:22

Surely she shouldn't have booked without all passports being valid?

RandomMess · 09/07/2017 16:23

Erm did she check out the passport situation before booking the holiday???

Presumably she would go without DS if it didn't turn up!

Original poster
BrightonBelleCat · 09/07/2017 16:24

We knew it had to be renewed and have sent it off. She is saying she will charge us entire cost of holiday. Despite her going on several holidays without him before.

OP posts:
scaryclown · 09/07/2017 16:25

No.

Original poster
BrightonBelleCat · 09/07/2017 16:26

Scaryclown, is that because there is no case? Could she take us to small claims court? She reckons cost of holiday is £7k.

OP posts:
ColdAsIceCubes · 09/07/2017 16:26

I would say if you can prove that dss passport neededto be renewed before a holiday you would be OK. However, if it is proven that the passport would be valid for his DM's holiday, I would say you're on shaky ground.

Saiman · 09/07/2017 16:26

I dont think she can. Surely she should have checked the passport situation before booking.

I would laugh in her face. It wouldnt help....so dont do that.

BreakfastAtSquiffanys · 09/07/2017 16:27

I believe the correct legal terminology is "Fill yer boots, pet"

Original poster
BrightonBelleCat · 09/07/2017 16:29

Yes passport expired in May, holiday is not until late August!

OP posts:
RandomMess · 09/07/2017 16:29

So she told you she booked the holiday and straight away you sent it off?

In that scenario I think she'd be laughed out of court!

If she told you and then you didn't bother for several weeks/months and were otherwise obstructive then I guess she could have a case?

Buckinghambae · 09/07/2017 16:31

If the worst comes to the worst, can you get an emergency passport? Is it DC's first?

Original poster
BrightonBelleCat · 09/07/2017 16:31

I think dp has sat on it but not to be obstructive more of a lack of money situation. We pay for ds in his entirety and also pay maintenance for their other dc.

OP posts:
Original poster
BrightonBelleCat · 09/07/2017 16:32

It's a renewal. It's gone off and we've been told 3 weeks. However she is threatening us with court already.

OP posts:
RoseVase2010 · 09/07/2017 16:32

You are told not to book a holiday unless you have a valid passport so she's in the wrong. Let's hope it doesn't get lost in the post ;-)

ColdAsIceCubes · 09/07/2017 16:34

In that case, I would say that DM would be responsible for updating the passport due to expiration and her booking the holiday. I would, however, just make sure of that in case she takes it further.

mathsquestions · 09/07/2017 16:35

Just ignore her stupid messages.

ShinyGirl · 09/07/2017 16:37

Not a fucking chance she could

Original poster
BrightonBelleCat · 09/07/2017 16:38

Thank you. It's stressing us out no end. We are constantly being threatened with being sued.

OP posts:
RandomMess · 09/07/2017 16:38

She sounds nice - not!!! TBH I would have handed over the passport and told her she was welcome to sort it out...

Flowers
chowmeinchick · 09/07/2017 16:39

She's daft 😂

CotswoldStrife · 09/07/2017 16:39

I'd expect it to take more than 3 weeks at this time of year tbh, but it does sound like you have enough time anyway.

On what basis would she be suing you? It does sound as if she knew that the passport was out of date when she booked, is this the case? Or did she think it had already been renewed?

lougle · 09/07/2017 16:41

When did she inform you of the holiday? Did you know the passport was/would be was expired?

If you knew the passport needed to be renewed in May, why was it left until July to do so?

Could his DM have renewed the passport herself, or was the fact that she is the non- resident parent a bar on her doing so?

Was the DM willing to meet the cost of the renewal if she was made aware of the financial difficulty?

The answer to those four questions will determine if I think YABU or not Smile

Original poster
BrightonBelleCat · 09/07/2017 16:44

To be honest I can't remember when we were told.

She could renew it herself if she had wanted, my ex renewed my dd's passports without an issue.

She doesn't care what money we haven't got we just keep being told she has never been wealthier. Whereas we meet ALL costs and have full custody of ds and maintain their other child. She pays nothing towards ds.

OP posts:
justkeeponsmiling · 09/07/2017 16:44

No, as somebody who has been taken to court over all sorts of shit by my ex until he realised that the judges saw right through him and recognised him as the dick he was I can tell you under those circumstances she would be laughed out of court.
On a sidenote: I sent DDs passport off 2 weeks ago for a renewal and had it back 9 days later. They were super quick!

FuckYouDailyMail · 09/07/2017 16:45

Any reason your DP didn't just let her renew the passport herself OP?