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Prohibited steps order to stop ex taking children on holiday

(5 Posts)
girlynut Fri 23-Aug-13 18:40:45

Seeking advice for a friend...

Two children of the marriage aged 6 and 8. Divorced a couple of years ago. Contact order in force. No other orders.
Ex-H has remarried a Thai lady (with whom he has a baby son) and they live in the UK.

Ex-H and Ex-W usually have no problems agreeing holidays abroad. However, H wants to take the two children to Thailand for a fortnight to visit his new wife's family early next year. This will involve time spent "out in the sticks".

The general medical advice is that the children should have various jabs including Hep A. The issue arises because the 8 yo has a history of auto-immune illness (she was hospitalised for several months as a 2 yo with Guerlain Barre Syndrome).

Both parents attended the GP's surgery this week and the medical professional advised that she would not give vaccinations to the 8yo because of the risks of triggering another auto-immune episode. She also cited the other risks of taking young children to Thailand e.g. the significant rabies risk, stomach upset, etc.

Ex-H has the passports and ex-W is concerned that he may take the children anyway. He seems to think that because the Thai children are all well, his British children will not be at any risk.

1. My friend seems to think that the kids passports have to remain with the primary carer i.e. her. Is that correct? Can she demand them back?

2. As he has PR and there is no Residence Order, I believe he can take the children out the UK for a two week holiday without ex-W's consent regardless of destination. Is that correct?

3. I think the best option is for her to apply to the court for a Prohibited Steps Order preventing him from taking the children to this specific country. Is there any other option available to her?

I'd be grateful for any advice from the family lawyers out there. Thanks.

NatashaBee Fri 23-Aug-13 18:47:59

Yes, the PSO is probably best - but I believe you can also notify the passport office that the children shouldn't be travelling with their father, if needed.

honey86 Fri 23-Aug-13 22:03:15

i think he has to have written permission from all others with pr before leaving the uk unless theres a residence order in place, in which case its a month max x

prh47bridge Fri 23-Aug-13 22:41:09

The answer to question 2 is no, that is not correct.

As there is no residence order he cannot take the children out of the UK without his ex-wife's consent (which does not have to be in writing) at all. If he were to take them out of the country he would be committing the criminal offence of child abduction. I would start by reminding him of this and stating that she does not consent. If he still wants to take the children to Thailand he could apply for a Specific Issue Order and the courts would then decide.

kittycat68 Sat 24-Aug-13 17:10:59

the primary carer does NOT have responsibily of the passports, either parent can have them.
of course she could cancel the passports via the passport office!! she can also state that she needs to be informed if they are reapplied for due to the risk of child abuction. However if she goes down this route she must put in writting to the father that she has cancelled the passports and that she does NOT consent to him taking the children abroad to Thailand due to medical advice and that if he atempts to do so he would be reported for child abduction.
If she applys for a PSO she would have the court fees and solicitors fees to pay for! I would there recommend cost wise it would be better to do the above and let the father apply for a SIO. i would also recommend a letter from the GP/ consultant confiming there recommendations.

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