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Taking children abroad on holiday

(12 Posts)
mrsdarcey78 Thu 17-Nov-16 22:17:20

Hi I have 3 children ages 18 15 and 9. I have just been through a horrible 3 months having been taken to family court by the ex. In the end he only got indirect contact sending cards 3 times a year to the 9 year old. I also got residency of the 15 and 9 year old. I want to take them all abroad next year, as from next October the 15 year old will be 16 so can get her a adult passport. But I know 100% he will not write or give permission for to take youngest abroad. Are there any places I can take them that do not ask or need his permission, it would only be for a ,at the most 2 week holiday. I do hope to move one day to america to be with family, but that wouldn't be until youngest was 16 anyway. They have never been abroad so it would be nice to go somewhere warm next year smile. ( we are still married and he is currently defending the divorce so got that to deal with as well). x

BratFarrarsPony Thu 17-Nov-16 22:19:38

I took my children for holidays on several occasions and was never once asked for this letter of permission to take them to eg Greece for two weeks.
However I am sure someone will come and tell you different.
At that time I did not even realise that such a letter was required.

Ostrobogulous Thu 17-Nov-16 22:22:59

I've taken my children abroad several times since my divorce (including USA) and never been asked for any letter of permission. I did have a letter for the trips to the states, just in case.

titchy Thu 17-Nov-16 22:23:39

If you have court ordered residency you can take them out for up to 28 days without his permission smile

MrsNuckyThompson Thu 17-Nov-16 22:25:32

There are very few countries which require anything like this. South Africa is one place and that's to do with preventing child trafficking I believe.

But a holiday in the sun for a week or two shouldn't pose any issues!!

Alorsmum Thu 17-Nov-16 22:31:55

Yes if you have an order that the children live with you can take out of the country for up to 28 days no permission needed

www.legislation.gov.uk/ukpga/1984/37/section/1

cestlavielife Thu 17-Nov-16 22:34:10

Just take copy of the court order and birth certs
Court order should say about the 28 day rule

tribpot Thu 17-Nov-16 22:43:55

My experience is that I've only ever been asked to prove that I am related to ds, and then only when I'm coming back into the UK, not when going abroad. So I carry a copy of his birth certificate. I do have a permission letter as well but have never been asked for it.

prh47bridge Fri 18-Nov-16 08:23:16

If you have an order giving you residence you can take the children out of the country for up to 28 days without needing anyone's permission. If you do not have such an order it is a criminal offence to take the children out of the country without the consent of everyone with PR regardless of the destination. If he refuses to consent you can apply to the courts for a Specific Issue Order to allow you to take the children out of the country. For a genuine holiday you will have no problem getting an SIO.

You may not encounter any issues if you take your children abroad without consent or a court order. But you may find that you are refused entry at your destination if you cannot show that you have the right to travel with your children. Whilst I am sure many people will post about not having problems, it is unpredictable. The chances of encountering a problem may be low but if there is an issue it could ruin your holiday. I would therefore encourage you to do this legally.

kittybiscuits Fri 18-Nov-16 18:27:47

Sorry to crash your thread but reading with interest. The info about up to 28 days if you have a residence order is definitely correct.

Can anyone tell me if an SIO is just for one holiday, or for holidays in general? Thanks.

Familylawsolicitor Fri 18-Nov-16 20:36:16

Kitty
It could be for either
The court could grant general permission if it's likely to be an ongoing issue (although that is better dealt with by a "lives with" or residence order) or for a specific holiday.

kittybiscuits Fri 18-Nov-16 20:38:56

Thank you smile

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