Ex is refusing a child holiday - what can I do?

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If you have a Court Order that says the child lives with you, you can take a child abroad for up to 28 days without getting the other parents permission.

If you do not have a Live With Order, and the other parent will not consent to the holiday, you can make an application to the Court for a Specific Issue Order for the court to decide whether the holiday can go ahead. The court will consider what is in the childs best interests, including the childs wishes, the length of the holiday, and any risk of abduction.

As long as you can provide details of the trip such as specific dates, details of travel plans including accommodation and return tickets a Court is unlikely to refuse permission for the child to go on holiday.

Who are joint divorces for?

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Joint divorces in England and Wales are designed for couples who both agree their marriage has irretrievably broken down and who wish to mutually end their marriage in a cooperative and amicable way.

Joint divorces offer a streamlined, less adversarial route for couples who are able to work together, and wish to avoid conflict, stress, and blame.

A joint divorce application means that both parties are Applicants, and are equally responsible for progressing the application at each stage. Joint divorces allow the couple to use the same legal professional meaning reduced legal expenses, and a quicker end to their marriage.

How to apply for a Child Arrangements Order.

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A Child Arrangements Order is a court order that determines where a child lives, who the child can spend time with, and other contact arrangements. Parents, guardians, or anyone with parental responsibility can apply directly for a Child Arrangements Order. Other persons such as grandparents can also apply, but they must seek the courts permission first.

Before applying to the court, you must try to reach an out of court settlement. This involves attending a Mediation Information and Assessment Meeting (MIAM) where an assessment will be made whether mediation could help resolve the dispute. If mediation is not suitable such as if the other party refuses to engage or attend, evidence will be provided to demonstrate that you have attempted to keep the matter out of court.

Only after attempting mediation, can you complete and submit an application for a Child Arrangements Order to the Court (the form C100).

You will need to send the original completed C100, three copies, and the court fee to your nearest family court. You can find this using your postcode.

After sending the documents to the court, the court will notify you of a case number and the next steps, which may include attending a hearing. The court will aim to set a first hearing within two months, but often there are delays.

My ex has changed our child's surname - what can I do?

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If you have parental responsibility and your ex has changed your child’s surname without your consent, you should take the following steps.

Your first step should be to request your ex to immediately revert back to the child’s original name. If your ex refuses, you should apply to the court for an order or orders under Section 8 of the Children Act 1989. The Court can make the following orders:

A Specific Issue Order – this will order your ex to revert back to your childs original name.

A Prohibited Steps Order – this can be made in addition to a Specific Issue Order to prohibit any further changes of name.

You should also notify relevant organisations such as the Passport Office, your childs school, and GP that you do not consent to the change of name and inform them of any legal proceedings.

What is father alienation?

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Father alienation is a specific form of parental alienation where a child becomes estranged from their father due to negative manipulation by the other parent. The effect of father alienation is to cause the child to reject, fear, or avoid their father, even when there is no legitimate reason for such rejection.

Father alienation can cause significant emotional distress for both the father and the child, potentially leading to long-term psychological effects for the child.

What are the waiting periods in divorce & dissolution?

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There are 2 separate waiting periods in the divorce and dissolution process. The first is a mandatory 20-week reflection period after the divorce or dissolution application is issued by the court. After the 20 weeks, you can apply for a Conditional Order.

The second waiting period is 6 weeks and 1 day (43 days) after the Conditional Order before you can apply for the Final Order. The purpose of both waiting periods is to provide the couple time for reflection and to allow them to settle financial and any child arrangements before the divorce or dissolution is finalised.

Is child maintenance still payable when a child is at university?

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Child maintenance payments under the Child Maintenance Service (CMS) generally stop when a child completes their full-time secondary education. Once a child starts university, the legal obligation to pay child maintenance through the CMS ends.

Parents can choose to support their child at university through a private arrangement, or by agreeing terms in a financial Consent Order as part of divorce, but this is not legally required under the CMS system.

If there is no private agreement or court order, there is no legal requirement to continue maintenance, but parents can make voluntary arrangements or financially support their child directly.

Separation or Divorce?

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Deciding whether to separate or divorce depends on your personal circumstances, how much certainty you need, and what you want to achieve in your relationship.

If you are unsure whether your marriage has irretrievably broken down, separation provides time and space to reflect or potentially reconcile, without the finality of divorce.

If you are certain the marriage has broken down irretrievably and there is no chance of reconciliation, divorce provides legal certainty and finality.

Whilst financial matters can be agreed during separation by incorporating any agreement into a Separation agreement, only divorce enables a complete legal severance of financial ties once a financial order is made. Divorce also allows for certain court orders to be made, such as a clean break order and a pension sharing order.

Even if you have been separated for many years, you remain legally married. This means your spouse retains the right to make financial claims against you until a legally binding financial order is made through divorce. There is no time limit for making such claims.

What is a second chance marriage?

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A second chance marriage is when two people who were previously married to each other, decide to reconcile or remarry each other, and give their relationship another try.

A second chance marriage is different from a second marriage. A second marriage simply means marrying again after a divorce or becoming widowed, regardless of the partner.

Examples of famous second chance marriages include Richard Burton with Elizabeth Taylor, and John Lennon with Yoko Ono.

Can my ex make a financial claim 20 years after our divorce?

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Unless a Court approved financial order was made at the time of your divorce; your ex can still make a financial claim, even 20 years after the divorce.

In England and Wales there is no automatic cut-off for making such claims. It is important to remember that a divorce only ends the marriage; it does not end the financial relationship.

Financial claims that can be made include spousal support, lump sum payments, property transfers, and pension sharing even assets or wealth acquired after the divorce. The only way to guarantee and prevent future claims is to obtain a legally binding financial order such as a Consent Order, or a Financial Remedy Order made by a court.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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