Can he stop me taking kids on holiday

[Ainsyb]

I have been separated nearly two years and he won't sign divorce papers. We are both in new relationships and I have booked a weeks holiday with my new partner and kids in June. He use to get them two nights a week until I found out he left my 7 year old sleeping on house with her 12 year old sister to apparently drop keys at his gf on a pub. So I stopped contact and said he could have them one day a week until trust was gained via lawyers. Now he saying I have committed fraud as he hasn't signed passports which I know is rubbish as all his details were on form and only one signature was required and he is saying he is going to stop me taking them. Can someone help me can he do this? This is my children's first forge in holiday which I have worked hard to be able to afford and don't want him ruining it

[ilovepowerhoop]

www.gov.uk/permission-take-child-abroad - this suggests that you need his permission

[ilovepowerhoop]

or you can apply to court to take them without his permission

[RandomMess]

Do you have residency as I believe that makes a difference, also how long are you going for?

[HRHLadyG]

I believe that if you are the Resident parent you are allowed to remove your child from the jurisdiction for a period no longer than 28 days.
If there is no court order in place, especially as he is delaying your legal arrangements, I can't see that the holiday is a problem........ You could have gone and be back before he can react.
I hope you have a lovely time x

[ilovepowerhoop]

she would need a Residence Order in place to take them abroad without permission - not just to be the resident parent. If he doesnt give permission you can apply to the court to get permission - it is in the link I posted earlier.

[Ainsyb]

The kids live with me and he contributes nothing towards them. We are only away 7days x

[Ainsyb]

He is all talk but I just want to know where I stand legally. I read the link and yes looks like I do. Really don't think he has brain capacity to take it further and as I told him it would be him spoiling it for kids. Thanks for the link x

[Ainsyb]

He is all talk but I just want to know where I stand legally. I read the link and yes looks like I do. Really don't think he has brain capacity to take it further and as I told him it would be him spoiling it for kids. Thanks for the link x

[ElBumpo]

There have been a couple of threads on this in Legal and Lone Parents lately. It's not so much whether he will stop you but whether border officials will allow you to enter/exit the country without written permission either from everyone with Parental Responsibility or a court order allowing you to travel with the child(ren).

[Middleagedmotheroftwo]

We've taken my little cousin on holiday (she's the same age as my DDs). Both times we were asked on the way out and on the way home that we had permission from her parents to take her with us (luckily we were prepared, and had a letter signed by both of them).

I know it's different because neither DH nor I were her parent, and she had a different surname from us, but it' would be better to be prepared than to be refused permission to exit the country on the first day of your holiday.

[LyndaCartersBigPants]

I don't know about the passport, but I would say that I think you completely over-reacted about your DD being left asleep with her 12 y/o sister for a short time.

Even awake I would trust my 13 y/o DS and his 8 yo brother alone for half an hour if I had to do something important. If the younger one was asleep and therefore no chance of an accident or argument, I can't see why you thought this was so out of order.

No wonder he is making life difficult for you about the holiday. You have exerted your parent power over him by denying him overnight contact, he is now showing you that he can do the same to you.

It seems like he is punishing the children by denying them a holiday - he will see it as you punishing them by denying them the chance to stay with their dad.

[ElBumpo]

Have to agree with you there Lynda.
If you continue to push with the legal route, you'll just waste time and money. No court would see that as a safety concern.