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Application, prep and strategy

R

Resolute

Experienced member
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Hi All,

I am going to submit an application to the court. Probably in the next 2-3 months. I am thinking of using emergency application for a Specific Issue Order allowing DD, 6, to come to my home country with me - nearby EU country. Variation on Child Arrangements Order would be part of same application.

Prep?

I am not sure if I need to warn the other side that I intend to apply, she was invited to mediation in December and just danced around the issue. Mediator is happy to do MIAM and sign me off when I am ready. I'm also unsure about how much unreasonable correspondence I need from her to justify the application.

Strategy?

I am thinking I'll book tickets to go and see enormous extended family for our Birthdays in the Autumn, we were born three days apart. I've already asked ex to arrange this, she has not honoured with a response.

1) Will time with extended family be enough to justify short notice hearing

2) should I book flights just for 2 nights she is due to be with me anyway? Ex insists she is safe with me for 2 nights but not for 3.

3) how far in advance of intended travel dates should I make the application?

4) how long should I give her to consent to the trip outside of UK?

I hope you can advise on the best way to go about things. Let me know if more info would be helpful.

Thanks very much.
 
p.s. I have never made an application before, she'll have partner in big firm as solicitor, barrister with nearly 20 years at bar, and a paralegal in tow. I'll be unrepresented until final hearing.
 
Hi. For a specific issues application for holidays, it can only be treated as an urgent (48 hour) application if the holiday is within the next couple of weeks. If you do it further in advance it will be treated as the same timescale as any other application to vary and have a first and second hearing.

So I think what you need to do is have a booking, and an email to your ex saying you have this trip booked for a large family event on ex date and ask her to agree the dates. If she agrees the dates then that's ok. But you need to then ask her for the passport at least 3 weeks before the trip. If she refuses then you have grounds to apply for an urgent specific issues order to have the trip ordered (and can apply to vary at the same time on the same application). If she refuses to agree the trip now, then yes you can apply for a specific issues order but it won't have grounds to be urgent - so then it's basically a standard timescale like a standard application to vary - except because there is a date in view and a trip booked, you would get the hearing before the trip. Does that make sense?

With an urgent specific issues application you can apply for a 48 hour hearing, the court serves her the papers - you're required to put her on notice (eg by sending a text the day before). Having said that since Covid you need at least two weeks to apply for a 48 hour hearing!
 
So two ways really. You can either submit the C100 for specific issues and application to vary now. If the trip is booked and you have an email from your ex declining to agree the trip. And accept it won't be urgent but a hearing will be before the trip. The advantage of submitting a specific issues application is you can attach evidence (but only re the holiday and correspondence regarding that). Whereas normally with just an application for a CAO or to vary, you can't submit any evidence. The refusal to agree the holiday abroad to see family is also good argument for a need for the order to be varied generally.
 
Thanks Ash.

The emergency hearing seems like a risky strategy from what you have written. Strange thing is my ex got a hearing on the next working day at the beginning of last year.

If I go the standard route, how far in advance of travel date would you recommend application is submitted?
 
If she says no I'd apply straight away for a specific issues order and variation. The emergency hearing is really for when a holiday is fairly imminent and was previously agreed/ordered and then she won't agree or give the passport or something.

There are other kinds of urgent hearings but they're a bit rare unless there are welfare issues.
 
It's not so much about when you apply, as about when they list a hearing. When they see the dates they will make sure it's listed in advance of the trip. If your ex agrees to this trip then you might still have to do an urgent application nearer the time (if she changes her mind! Or won't give you the passport).

It's not a risky strategy going for an urgent hearing - it's just they won't consider it urgent if it's a few months away.
 
UPDATE

Wrote to ex last weekend providing flight details and making proposal for upcoming holidays, travel consent form attached.

She wrote back yesterday saying she will respond at the end of August. All of her messages are obviously by the solicitor's hand.

I am on warning that repeated, select, non-urgent... Messages will be construed as harassment and her solicitor will take action. It feels like they may be buying time for an application of their own. When she last made a proposal to me she gave very short deadlines which I met, then she repeatedly wrote emails alleging I did not respond when she asked. Now she needs more than a month to get started 😡😤. Her response would be less than 2 months before our flights.

I do not know what to do, I think a C100 for variation and specific issue order re. travel might be viewed as preemptive.

Should I write reminding her of what she expected when roles were reversed and asking for a quicker response? Or just do the MIAM and see how things play out?

Thanks all
 
Hi Res, I'm sorry to hear of this stonewalling and do as I say not as I do approach. I think it v risky to communicate in any form and you should pursue other routes that require only 3rd party comms with the ex.

SS.
 
If your a LIP can you not write to her solicitor. Asking for clarification regarding holidays sooner than the end of August.
 
I agree with mva and by 3rd parties I meant mediator, court etc.

You may not get any response via her legal rep but it is on file showing you are seeking clarity/compromise/etc.

Just keep it BIFF and sleep on it before sending.

SS.
 
Agree you don't want them accusing you of harrassment. They are basically saying shut up and go away and stick to the order. If it's a solicitor you're writing to, rather than your ex directly, they shouldn't complain - unless they think you are just trying to aggravate rather than have businesslike proposals for example. They can't think that with your request for holidays but are avoiding negotiation - presumably because they act for your ex and she's instructed them she doesn't want to negotiate.

Re the request for agreement of holiday dates. Basically making you wait isn't good enough - especially as you've already booked them (whether they know that or not).

Because it's so far in advance though, all you could apply for is application to vary really. You could apply for specific issues at the same time for the holiday dates, but it would still basically be an application to vary. It wouldn't be an urgent application but they would make sure you had a hearing before the holiday.

You can say you've booked these flights for this particular family get together, Mrs Ex and her solicitor are declining to commit to agreeing anything. And you would like the court to order the dates and also wish to vary the order for holidays for both parents annually and additional time with your child.
 
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