Taking children away for xmas

[lightshaddows]

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?
Tia

[MrsBertBibby]

Yes, and yes.

[lightshaddows]

On what grounds?

[MrsBertBibby]

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

[lightshaddows]

So he doesn't have to give a reason?

[MrsBertBibby]

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]

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]

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

[MrsBertBibby]

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

[Justbookedasummmerholiday]

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]

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

[lightshaddows]

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

[mustbemad17]

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]

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

[mustbemad17]

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]

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]

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]

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]

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.