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Advice needed on taking children abroad after break up/divorce.

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  • #16
    Re: Advice needed on taking children abroad after break up/divorce.

    Originally posted by ballymoss View Post
    Well it's all going pear shaped now. Since he's flatly refused to honour his verbal agreement of February 2015 to provide maintainance payments of £300 per month I advised her to get in touch with the CSA. He's now recieved a letter (sadly her solicitor seems happy to just coast, and I don't have confidence in her) from the CSA and is demanding a DNA test. Not sure if he thinks he's partaking in the Jeremy Vile show but it just shows how warped and nasty he is. Hopefully her and myself can make it through this, but he's certainly making things as nasty as he can.

    If there's a lawyer in the Southampton area who fancies themselves as a bit of a Rottweiler to take on this clown and put him in his place please drop me a line.
    There are laws to stop your ex's partner getting a DNA test if it's not in the child's best interests, even through he has basic human rights to a DNA test. I will provide my view by explaining the law and applying it the facts as you state them, or what I think may be the facts.

    Under the Family Law Reform Act 1969(FLRA), section 21, the UK courts can order a DNA test. So it needs to be done via a court order, he cannot just force their ex partner. In the UK, the highest court said it will consider the father's right unless it is against the 'child's best interests:' House of Lords in S v S, W v Official Solicitor [1972] AC 24 (House of Lords). The person actually has general human rights under Article 7, Human Rights Acts 1998 to have a DNA test done, as depriving him of this right would amount to punishment without any legal basis. However human rights only go so far and are by no means guaranteed as the state (ie the main authorities in the country) has the right to interrupt (qualified rights) their human rights in certain circumstances: ie
    not in the child's best interests: Yousef v the Netherlands [2002], as a prime example which is a good legal precedent. In view of the House of Lords case and Yousef, it is probably not in the child's best interests in my view as the person has no reason to believe he is not their parent. For instance, is the alleged parent's name on the birth certificate? Has the person raised any doubts about being the legitimate parent at any point during the course of their relationship, did this person suspect there were other potential persons who may be the parent? If not it is likely the court will see the person as a genuine parent albeit intent on making life hard for the your current partner/ child's other parent. If you can prove that there is or would be a risk of serious harm it's unlikely also the UK courts would permit under s.21,FLRA 1969 (as above) despite any rights your ex has. Well in the case you present your partner’s ex is a risk as he has assaulted her likely on more than one occasion and he has also been removed from their marital home.
    Last edited by Openlaw15; 20th April 2016, 09:47:AM.

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    • #17
      Re: Advice needed on taking children abroad after break up/divorce.

      Many thanks for your support in this matter. He is being absurd, as there is no doubt about the children's parentage - he is just making life as difficult as he can as a way of exerting his power over my partner. I think it's time she took the gloves off, and on balance it looks as if she finally is after over 12 months of trying to do the right thing.

      On the matter of solicitors, I have tried to contact the solicitor who handled my own divorce in 2001 who my partner initially sought advice from a year ago. Sadly she never went with him as he seemed quite the rottweiler and she wanted to try and keep things civil. Sadly now she is ready, it appears he has died. RIP Stephen Kent formerly of Dutton Gregory.

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      • #18
        Re: Advice needed on taking children abroad after break up/divorce.

        Originally posted by ballymoss View Post
        Many thanks for your support in this matter. He is being absurd, as there is no doubt about the children's parentage - he is just making life as difficult as he can as a way of exerting his power over my partner. I think it's time she took the gloves off, and on balance it looks as if she finally is after over 12 months of trying to do the right thing.

        On the matter of solicitors, I have tried to contact the solicitor who handled my own divorce in 2001 who my partner initially sought advice from a year ago. Sadly she never went with him as he seemed quite the rottweiler and she wanted to try and keep things civil. Sadly now she is ready, it appears he has died. RIP Stephen Kent formerly of Dutton Gregory.
        How far have you got with the court order to take the children on holiday?

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        • #19
          Re: Advice needed on taking children abroad after break up/divorce.

          The solicitor has sent him a letter notifying him that unless he responds within 10 days with his objections then we can assume he has no problem with the holiday. At that point the solicitor intends responding with the court in relation to the C100 form.

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          • #20
            Re: Advice needed on taking children abroad after break up/divorce.

            Originally posted by ballymoss View Post
            The solicitor has sent him a letter notifying him that unless he responds within 10 days with his objections then we can assume he has no problem with the holiday. At that point the solicitor intends responding with the court in relation to the C100 form.
            If I were you I would not have got a solicitor involved. I would have went to the police station and said I am going away on holiday, here's my proof, i'd get them to photo-copy the boarding passes for the flights, your passports, copy for the details of the hotel that is likely pre-booked, and copy of the letter you sent to the other parent although they have unreasonably refused. There is no way then would the police would have pursued a criminal offence of taking children abroad without the consent of the other parent. The evidence would be prima facie in that the persons are going on holiday as it is the natural right for parents in free democratic countries. This is why have laws, these legal defences in the same modern countries to stop people abusing the system for their own personal gain. There would be no evidence to support a child abduction, and no public interest in even charging either. The CPS would be laughed out of court if it or the police tried to charge someone with child abduction. However, this is my personal view as someone who has studied law including criminal and public law (person's rights against the state, ie police, prosecution). If it were not the case Parliament would not have provided a defence. Instead lawyers get paid for making an issue into a legal issue.

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