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Specific issue - holiday consent

11 replies

TheUniversalsHere · 24/05/2024 21:08

I would be so grateful for any advice and experiences please.
Informed ex early May about foreign holiday to Italy with children for a week in August. This was as per our parenting plan ie one month notice was agreed. I've given 3. Initial messages back a bit funny but he agreed. 2 weeks later he has msgd saying I need his consent, said he was happy to give it at that point then retracted it. Has a history of abusive and coercive behaviour.but i never thought he wld do this. Have pleaded with him and tried to address his many complaints which he wants sortinf before we apparently will agree. Obviously have given flight and hotel info as requested. Have also submitted urgent application to court for them to grant consent. Has anyone had experience of this? How long cld it take before hearing? I have asked for 'without notice' but does that mean a hearing could happen and consent be granted without my ex being present? Or will he be asked to attend? As you can tell i wont have legal rep. Any views appreciated. Thank you!

OP posts:
TheUniversalsHere · 24/05/2024 23:28

Hopeful bump?

OP posts:
FunLurker · 25/05/2024 07:45

Bump for you

alittlebitofwhatyoufancy21 · 25/05/2024 08:22

Do you have a CAO?

alittlebitofwhatyoufancy21 · 25/05/2024 08:25

www.kabirfamilylaw.co.uk/what-is-a-specific-issue-order/

BloodyAdultDC · 25/05/2024 08:30

I was in your shoes a few years ago op.

I did a diy SIO and my ex didn't even turn up to court (was just me and the judge in a smallish room, more like an office really, quite informal).

Was over in minutes, judge just sighed and shrugged really. I even got a residence order at the same time so I didn't have to go through it all again.

Your ex is being a cunt, and by putting you through this is actually hurting your kids. What decent dad would deny his kids a holiday? Focus on that op.

Good luck.

prh47bridge · 25/05/2024 09:42

"Without notice" means he will not be informed of the hearing and won't be asked to attend.

You should have no problems getting the order you need.

TheUniversalsHere · 25/05/2024 11:51

I didnt think I'd get any responses. Thank you so much to you bumpers and you have trodden this path before me. I really appreciate this. I hope they do it as without notice as requested. Going to print and submit a statemenr on tuesday (if i have the case number). I hope they can do it on time.xx

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TheUniversalsHere · 25/05/2024 11:53

alittlebitofwhatyoufancy21 no CAO. I have tried to avoid court as i dont want the children to have EOW set in stone til their late teens. A social worker recommended though that i be resident parent and there be a lives with me, spends time with their dad order. I know a recommendation isn't an order so doesn't help me in this situ as it stands.

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TheUniversalsHere · 25/05/2024 12:24

BloodyAdultDC · 25/05/2024 08:30

I was in your shoes a few years ago op.

I did a diy SIO and my ex didn't even turn up to court (was just me and the judge in a smallish room, more like an office really, quite informal).

Was over in minutes, judge just sighed and shrugged really. I even got a residence order at the same time so I didn't have to go through it all again.

Your ex is being a cunt, and by putting you through this is actually hurting your kids. What decent dad would deny his kids a holiday? Focus on that op.

Good luck.

Do you mind me asking if you applied for the residence order or was it something the judge very kindly added on the day? I can dream...

OP posts:
BloodyAdultDC · 25/05/2024 13:02

I went in and after the formalities, asked me why I was there. I just said I'd like to take my kids to Spain for 2 weeks and my ex is refusing to allow it. I had evidence of the place we were intending to stay. I told him about my job, family, home, schools etc to show I wasn't some sort of flight risk. He said 'yes I will approve it', then asked if there was anything else he could help with. I asked if there was any way he could make it so that I didn't have to come back again if I wanted to go on holiday, and he said he would arrange a residence order. My ex had 2 weeks to appeal but didn't, the paperwork came through within 3 weeks.

I think judges must see this sort of shit all the time - he literally shrugged and sighed as I was explaining the situation.

Wouldn't hurt to ask whilst you're in the appointment.

TheUniversalsHere · 25/05/2024 15:42

BloodyAdultDC · 25/05/2024 13:02

I went in and after the formalities, asked me why I was there. I just said I'd like to take my kids to Spain for 2 weeks and my ex is refusing to allow it. I had evidence of the place we were intending to stay. I told him about my job, family, home, schools etc to show I wasn't some sort of flight risk. He said 'yes I will approve it', then asked if there was anything else he could help with. I asked if there was any way he could make it so that I didn't have to come back again if I wanted to go on holiday, and he said he would arrange a residence order. My ex had 2 weeks to appeal but didn't, the paperwork came through within 3 weeks.

I think judges must see this sort of shit all the time - he literally shrugged and sighed as I was explaining the situation.

Wouldn't hurt to ask whilst you're in the appointment.

Thank you so much. I will see if I can get away with asking

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