Holiday hearings - specific issues

[Ash]

Just had confirmation that it is still possible to get an urgent specific issues hearing for a holiday at the moment. It might not be a 48 hour hearing, but will happen before the holiday dates. Advice is to apply as soon as you know the holiday is going to be prevented. So if your ex is suddenly saying no you can't take the kids, when you have a holiday booked and paid for, then apply. Don't wait till the last minute. You need to attach confirmation of your booking to the application and any correspondence/orders that show those dates were agreed (or ordered) previously. Likewise if the ex is refusing to hand over passports. If it's a passport issue you could also apply to vary on the same application and ask for the order to be amended to say passports must be handed over 21 days before a booked holiday (if your order doesn't already say that).

 

[mccartney8]

Hi. I've submitted a court request as my ex won't allow me to take my daughter on holiday for a week (I have her 3 nights a week currently). My application was in two parts due to the advice I was given by my solicitor.

Part 1 - Depending on outcome of further mediation, agree child care plan as ex has changed our previously mediated plan without my agreement
Part 2 - Have requested urgent hearing to get permission to take daughter on holiday

They have said this is not urgent, as welfare of child is not an issue, so won't have the FHDRA for a few months (end of May), which takes me within weeks of the holiday. Do I need to resubmit my application do you think to have just part 2, and would this be agreed in the FHDRA that I can take my daughter away? I did request specific issue order during my application.

Thanks

Lewis

 

[Ash]

It won't be classed as an urgent application unless the holiday is imminent. Two weeks or less before you're due to go. So the specific issues will be heard at the same hearing. I'm a bit confused about part 1. There is no mention of a Child Arrangements order - just "child care plan".

I think you should have submitted a C100 that clearly states "Child Arrangements Order and "specific issues order", The way part 1 is worded it doesn't sound like you're asking for an order. Can you PM me a screenshot of the first page of the application with names blanked out?