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Original poster

Has panic caused this urgent hearing??

12 replies

Sobaditsfunny · 07/02/2024 16:05

Long story but basically my husband was arrested for a serious crime a few months ago. Hasn't seen the kids since before Christmas. He's on bail and isn't allowed near me. Breached his bail a couple of weeks ago and tried to convince me the crime didn't happen. He's from a European country, the police have given him permission to travel in the Feb half term to visit his unwell mum. He's stated to them he wants to take the kids, they told him it'd have to go through court. He knows I have a holiday booked for the kids at Feb half term and has refused consent for me to take them. Now in a situation where a prohibited steps order, specific issue and child arrangements has been applied for and they've just agreed an urgent hearing for this week. I'm now terrified of going as I know he'll be there (behind a screen) and I'm worried my reasons will be laughed at and they'll say an urgent hearing was not needed. Maybe I should have just cancelled the holiday, I'm worried i've overreacted. Though he threatened 'I hope you've got insurance as you won't be going'.

OP posts:
dcadmamagain · 07/02/2024 16:17

i think you’re totally justified. He’s preventing you going on holiday. Good luck x

prh47bridge · 07/02/2024 16:39

No-one will laugh at you. You want to take a holiday with your children. He is trying to stop it from happening. An urgent hearing is clearly needed so that this can be resolved before half term. Assuming this is a genuine holiday, he will lose.

WinterDeWinter · 07/02/2024 16:46

Remember:
you are not the flight or abduction risk - he is.
You booked your holiday first.
He is maliciously attempting to prevent it not because he had earlier objections but because his own trip has been thwarted.
It is part of the pattern of his abusive behaviour.
If the court prevents your trip they will be enabling this behaviour and encouraging the weaponising of the family courts to punish victims.

RowanMayfair · 07/02/2024 16:52

Who made the application? Who do you think is panicking?

NeverDropYourMooncup · 07/02/2024 16:55

It would be useful if you have evidence of his threat - especially if his bail conditions require him to not contact you at all.

ScierraDoll · 07/02/2024 17:45

You don't say how old the children are and I take it from your post that he is on bail conditions to keep away from you. He has already breached those conditions and I don't know if you reported that to the Police.
I'm guessing this is a DV case, you will not be laughed at court and the court will look critically at his plans. As another post pointed out he is a flight risk not you.
Can you get legal aid for the family court case given that there is an element of domestic violence?
Also if the children are young how is he able to see them without breaching his bail conditions not to contact you
Be strong, don't be fooled by his lies and go in fighting

Original poster
Sobaditsfunny · 07/02/2024 17:57

@RowanMayfair I made the application and I'm panicking.

Thanks everyone. It was booked before we separated. The police took his passport so I knew he couldn't travel. However he's now been given this permission. I just feel scared there's going to be repercussions of some sort. I don't have evidence of his threat other than the statement I gave the police. It was said in person when he breached his bail. Does anyone know what to expect in these kinds of hearings?

OP posts:
prh47bridge · 07/02/2024 18:26

Is the specific issue order so that you can take the holiday? What are the other orders for?

Original poster
Sobaditsfunny · 07/02/2024 18:33

Thank you. 2 of the children are under 5 and the other 2 are early teens. He's not allowed within 200m of the property or any contact with me. Yes it has been reported to the police who are planning to arrest but are holding out as they think there's a possibility of him being remanded in custody if they have a bit more evidence. Not sure how long they plan to wait or if there's enough for him to be remanded. The specific issue is so I can take them on their holiday without his consent and the lives with order is to state I have custody and make some child contact arrangements. We also have the first financial hearing tomorrow. He's put on the form E that he considers 100% of the family home his asset.

OP posts:
Owl55 · 07/02/2024 19:10

You need legal advice with an experienced solicitor and barrister to act for you in court . Could he be at risk of abducting your children too?

prh47bridge · 07/02/2024 19:14

He may consider the family home to be his asset. The courts will not agree.

The Specific Issue Order should be straightforward. Unless he can convince the court that you intend to abduct your children, you should get that at the hearing this week.

soupfiend · 07/02/2024 19:19

No, no need to panic OP, this is a fairly standard situation that the courts see every day

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