My concerns are similar to those raised by blue-grass two years ago.
Family court orders are in place, giving each parent 50% access to the children (now under 11). The court orders also permit international travel subject to certain conditions including:
a) Travel only to countries which are signatories to Hague Convention re Child Abduction and countries for which no travel warning has been issued by Dept of Foreign Affairs
b) Travel only in school holidays for a maximum period of 28 days;
c) Written notice of at least 8 weeks notice of intention to travel
d) Not less than 21 days before travel, a detailed itinerary of journey to be provided to the other parent.
All well and good; I agreed on principal to the children to having an opportunity to travel with their father as outlined in the court orders. However ...
1. The father has advised me that he intends to take the children overseas to UK in Christmas 2017. A month ago, he has delivered to my house incomplete passport application forms for signature. He is demanding that I sign immediately. [This is 16 months prior to travel];
2. The father has parents overseas but not in UK.
3. The father refuses to explain why he needs the passports so early; the father refuses to discuss how I will get access to the passports at some future time, refuses to agree to having a third party holding the passports (e.g. ICL) unless there are substantial changes to the existing court orders;
3. I have told the father that I will sign the passport application forms subject to my having a talk with the court appointed counsellor about this application - but the people concerned are not available for some weeks.
4. The father has now had his solicitor send me a letter stating that if I do no sign the passport application forms they will be applying to the "Court for the Registrar of the Court" to sign the passport application forms and will be seeking full repayment of all their fees and court costs.
4. One of my children has told me daddy is going to take us for a holiday at Christmas but mummy has to sign some papers first.
I cannot afford to keep paying legal costs - the last episode almost wiped me out. If this were to proceed to court. I would have to self represent. The father is able to afford expensive solicitors and barristers who destroyed my original legal representation when the first court orders were established and were almost as successful the second time.
My question relates to court costs and legal costs of the other party...
Worst case would be that this goes to court the father is successful and the judge awards all costs against me. Least expensive solution is for me to immediately capitulate and sign the forms.
At what point in the process, would I become liable for court costs and legal fees. e.g. if a date for the court hearing is obtained, but I had over the signed passport forms the day before the court date. Would I be liable for any court costs or my ex's legal costs? Could the legal firm sue me regardless, especially as I am unrepresented?
