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Taking children away for xmas

(19 Posts)
lightshaddows Wed 08-Nov-17 17:00:01

I want to take my kids to northern Ireland at Christmas to be with my family. My ex says he's going to take out a prohibitive steps order. I live in England. Can he stop me? Do I need his permission?

OP’s posts: |
MrsBertBibby Wed 08-Nov-17 19:14:04

Yes, and yes.

lightshaddows Wed 08-Nov-17 20:26:03

On what grounds?

OP’s posts: |
MrsBertBibby Wed 08-Nov-17 21:03:39

On the grounds that that's what the law is.

lightshaddows Wed 08-Nov-17 22:27:04

So he doesn't have to give a reason?

OP’s posts: |
MrsBertBibby Wed 08-Nov-17 22:38:06

No. If you can't agree, one of you will have to take it to court, and a judge will decide.

I assume there are no orders already in place about the children?

PlaymobilPirate Wed 08-Nov-17 22:40:24

On the grounds that they're his children too? As long as there's no back story (doesn't bother with the dc usually etc)

GreatThingsWork Thu 09-Nov-17 07:41:54

Surely as it's still the UK, there shouldn't be an issue? I'd call CAB.

MrsBertBibby Thu 09-Nov-17 08:04:40

It may still be the UK, but It's a different jurisdiction.

Justbookedasummmerholiday Thu 09-Nov-17 08:06:19

Dose he have a court order with Christmas in his favour? If he doesn't then why would a court not allow you to take them? Would he really waste his time +money or is he a control freak who is bluffing?

MrsBertBibby Thu 09-Nov-17 08:07:22

What are your plans to enable the children to spend time with their father at Christmas?

lightshaddows Thu 09-Nov-17 20:19:57

We've already agreed a 50 50 split of Xmas hols. Agreed that kids are with me for Xmas day and boxing day. Yes, there is a back story of controlling and manipulative behaviour

OP’s posts: |
mustbemad17 Thu 09-Nov-17 20:22:55

I was told you can take them away for up to 28 days without permission. My ex refused to allow me to take my daughter to germany to see family; i took her anyway. Got stopped at the airport cos he called up that i was abducting her 😂😂 did a 20 day visit & flew back no problems.

What's his reasoning for not allowing the kids to go???

lightshaddows Thu 09-Nov-17 22:06:13

I don't know what his reasons are it's one part of a pattern of controlling irrational behaviour

OP’s posts: |
mustbemad17 Thu 09-Nov-17 22:10:20

I'd double check but if the rules are still the same (my DD is 5 now) then i'd take them to see your family. Just be wise to the fact that if he has access to passports he can reciprocate.

MrsBertBibby Thu 09-Nov-17 22:17:40

The 28 day thing applies when you have an order that the children live with you.

When did you tell him your travel plans, OP.

mustbemad17 Fri 10-Nov-17 08:12:34

See we don't have anything in place, no court order, no residency order. My solicitor said unless there is specific instructions or residency issues then the 28 days stands. He does have full PR too. As long as you can prove you intend to bring them back within that time - so have a return flight booked for example - you're okay.

Not sure how long a prohibitive steps order would take, but i guess if he took one out he'd have to explain why he didn't want you to take them...which could mean he wouldn't get one if he's just being a dick

Happyemoji Fri 10-Nov-17 08:19:50

If you're gone for 3 or 4 days I would go. He is being selfish and ridiculous a judge would laugh at him.

CaptainM Fri 10-Nov-17 20:24:17

I would err on the side of caution as surely the stress of all that drama is the last thing you need around Christmas. My ex and I have shared care and he's refused to allow any flexibility to our order that would allow me to travel to visit my family abroad. I have applied for a Specific Issue Order and have a hearing in a couple of weeks.

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