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Can he stop this holiday?

(6 Posts)
pinguthepenguin Tue 06-Nov-12 13:16:58

My ex is taking me to court for every weekend contact. In the meantime, we are sorting Xmas contact. I am agreeing to him having dd this Xmas ( he hasn't had her before, and hasnt asked) and I want new year to take her on a foreign hol. My sol thinks he will oppose this to make my life difficult. From what i have read on here though- courts don't like parents obstructing holiday travel just to be malicious.

We have already booked. I am now worried I will be stopped from going. sad

prh47bridge Tue 06-Nov-12 13:32:15

If he has PR you need his consent to take your daughter out of the country unless there is a Residence Order in your favour. If he refuses to consent you should go to court for a Specific Issue Order to resolve the matter. For a genuine holiday you should be able to get the order you need.

pinguthepenguin Tue 06-Nov-12 13:44:07

Thanks for the reply

He has already given consent verbally when we were getting on ok but comm has broken down. We don't have a resisdence order ( that's what he is taking me to court for). The trouble is...the hol is coming up in new year, we also have a first directions hearing in Dec. If he refuses the holiday, will I get another hearing for the specific issue in time to go? How kong does it take?x

3xcookedchips Tue 06-Nov-12 14:12:23

If you have a directions hearing in Dec you can get the hol addressed then - he would be a fool to oppose it and would need very strong arguments i.e. flight risk/adduction to another country which I strongly suspect he would have problems proving.

Just send him an email requesting his agreement to the hol dates - if he refuses to agree or ignore take that with you as evidence to the hearing.

pinguthepenguin Tue 06-Nov-12 14:15:26

Thanks guys.

My sol is worrying me as he said that the hearing is in a magistrates court and they are a bit 'weak' on dealing with issues head on.

Is this true?
My sol said that our case should be dealt with in a county court and he will ask for it to be transferred there??

pinguthepenguin Tue 06-Nov-12 21:17:32

Does anyone know if it's possible to ask for a transfer to a county court?
Also- how quick could I get a specific issue order? Thanks all

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