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.
- 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?
- 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?
- 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.