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Holiday contact and passports

(6 Posts)
balia Wed 01-Jun-11 16:24:19

DH is filling in the form for more holiday contact with his DS (9). We've been putting it off for ages in the hope that we might make progress some other way, but mediation didn't get off the ground and we are no further forward. There is already a court order in place which gives an extra day of holiday contact per week of the holidays. The psychologist who made the report for the court (DSS's mum has MH issues) said she would cope with contact increasing, but DH should leave holiday contact as it was for 12 months to help DSS's mum come to terms with it. (That was 3 years ago)

DSS has been saying for ages that he really wants to come on holiday and have longer stays with us, although he knows his mum won't like it. DH is asking for half the holidays in blocks of a week, with a two week block in the summer so DSS can come with us on our annual summer holiday abroad. (Although obviously we would build up to this level to try and make it less stressful for DSS's mum) Can he ask that DSS's passport be kept with a neutral third party? And do we have to apply for specific permission to take DSS abroad as this has been refused so far?

prh47bridge Wed 01-Jun-11 19:24:33

You need the mother's permission to take your DSS abroad. If the mother refuses permission you will have to go to court for a Specific Issue Order.

balia Wed 01-Jun-11 20:15:59

Many thanks. So we apply for a variation of the contact order (to cover the holiday issue) and a specific issue order to cover taking him abroad? Does it have to be specific? eg to go to Disneyland next Easter or can we have one that says we can go if we give x amount of notice etc?

prh47bridge Wed 01-Jun-11 22:44:42

Yes, that is what you do. And yes a specific issue order does have to be specific. It is intended to resolve a single issue over which there is a disagreement, not to give you a general power to do something.

balia Thu 02-Jun-11 08:43:40

Thank you - sorry to pester, but does that mean DH will have to apply to court every time he wants to take DSS on holiday with us? So next year we're hoping to have a mini-break to Paris and our annual holiday in the summer - he'd have to apply to court twice?

prh47bridge Thu 02-Jun-11 09:48:01

You can apply for both at the same time. And hopefully the mother will realise that you are always likely to win such cases and stop being awkward.

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