Providing the answers to your legal questions
I’m separated from my partner and would like to take our son on holiday abroad, but my ex is causing problems. What can I do?
If you are named as a person with whom a child lives under a Child Arrangements Order or a Residence Order then you are allowed to take a child out of England and Wales for up to 28 days without the consent of anyone with parental responsibility provided there is no Court Order in place which prevents you from removing the child from the jurisdiction.
If you do not have either a Child Arrangements Order or a Residence Order then you do require the permission of anyone else with parental responsibility before you can take a child (under 16) abroad.
If your ex-partner refuses to give you his consent then it is possible to seek the permission of the Court to remove the child from England and Wales for a
I have recently returned from the ‘holiday from hell’, whereby both my husband and I were unwell. Can I claim compensation?
Assessing the value for loss for distress or inconvenience caused on holiday can be a complex exercise and as ever depends on the particular facts and establishing fault. Claims for illness are not new and rely upon consumer legislation and clear evidence if they are likely to succeed.
For instance, a gastric illness must be proved to have been caused by the particular food eaten on a particular day at a particular place. A doctor’s medical certificate would be a minimum requirement but that may do no more than confirm the diagnosis. To succeed in a claim it will be necessary to go further and identify specific failings and this can often be more
temporary period by applying to the court for what is known as a Specific Issue Order to request the Court’s permission to take a child on holiday abroad. A Court will grant permission if it can be demonstrated that it is in the best interests of the child to go on the holiday. It is a legal requirement to attempt mediation with the other person with parental responsibility to try to reach an agreement before any Court application is made.
It is also a criminal offence under the Child Abduction Act 1984 for a person to take or send a child out of the country without the appropriate consent from anyone else with parental responsibility for the child.
For further advice please contact our Family Law team.
Cath Porter
difficult to establish. Mass outbreaks are not uncommon, frequently where multiple food choices are offered buffet-style.
Whether your claim relates to an illness or disappointment it is important to gather as much evidence as possible. No doubt the last thing on your mind when you’re suffering great distress and inconvenience and perhaps confined to your hotel room or cabin is to record or document the facts and matters that you will later need to rely upon to bring a successful claim for damages.
For further information about please contact our Litigation team.
Hugh Storry Deans
enquiries@hgwalker.co.uk | 01202 881454 or 01202 203200 |
www.hgwalker.co.uk Law Spot is brought to you by Harold G Walker Your Friend-in-Law.
There is no guarantee that your question will be used and you will not get a personal response. The answers in this feature are for guidance purposes only and do not constitute legal advice.
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