Specific Issues Orders

[BossDon]

I've applied and been granted permission to remove DC from UK for the purpose of a holiday. DC is currently with EXP, If EXP doesn't handover DC as directed by the court what could be done?

If it’s like a CAO she could be:

Fined
Ordered to do community service
Imprisioned

Sadly, from what I hear judges rarely use these sanctions and the RP (usually the mother who should make the children available) continues to flout, break the order.

Judges do not like it though when these orders are not adhered to.

My OH who has 2 kids had it specified in his CAO that the children could go on holiday with him.

5 months in advance he gave the mother details of the the holiday and she wrote back agreeing the children could go.

11pm the night before the 7am pick up to go the the airport the mother emailed to say she had changed her mind and the children weren’t going.

My OH took her to court for breaching the order and she was told if she carried on this behaviour the children would be taken off her and they would live with their father.

Sounds a bit shit tbh. Judge said that I could call the police to remove DC and or return to court for an ex parte

Would these be of much use? If all fails I can receive compensation?

A colleague of mine has it in the court order than the passports are to be provided 6 weeks prior to a holiday. If not provided there is time to go to court to before the holiday.

@MissBridgetJones I am in possession of the passport.

My OH also had it specified that the mother had to hand over the passports (which the father had paid for BTW) at least 2 weeks in advance of any agreed holidays.

The mother has never done that, every holiday has been extremely stressful as you never know what stunt she’s going to pull.

As far as i’m aware the police won’t get involved (and remove the children) as it’s a civil matter.

In my OH’s case he was so upset he rung the police and they did go round to the mothers house but she wasn’t there and they couldn’t do anything. BUT...... I think he has a sympathetic policeman who went in and reported the incident to social services and the mother was paid a visit by them. My OH was unaware of this until she raised it in court.

And yes - you can be awarded the cost of the holiday. In my OH’s case he was awarded the cost of the children’s portion of the children’s holiday.

Good luck.

Thanks

I've got him now and we good to go 🙃

My holiday was great and I attempted to handover DC as per the court order however, exp hadn't turned up and failed to inform her lateness so I left and requested further arrangements which she refused. 30mins later exp was outside my house screaming and shouting I have kidnapped her child police arrived I explained the situation to them and they was really nice and understanding and could clearly see who was the issue here. As I was in no disagreement for DC to return to expat I and the police agreed DC would return to expat only if she calmed down.

Allegedly there was a specific issue court hearing on 8th July however, this has already been resolved on the 24th June is it necessary to attend even though the matter has previously been resolved I have emailed the courts informing that the issue has been resolved already and as a outcome there had already been a order issued for this matter