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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

assume holiday consent?

(5 Posts)
eeniemeenieminiemoe2014 Sat 08-Jul-17 19:21:57

there is a restraining order against my ex for domestic violence so contact is only through solicitors.

I am taking the kids on holiday in september and am aware I need his consent. My solicitor has sent him a letter on friday asking for consent. If by the time the holiday comes around can I assume that because he hasnt said no that he consents?

MissJC Sat 08-Jul-17 19:31:57

Double check with your solicitor as it would be hugely disappointing for you not to find out for certain and not be able to go on holiday!

kittybiscuits Sun 09-Jul-17 14:46:14

Do check with your solicitor but I think you would be doing it without consent and depending on the destination that can be a major problem. I'm not a legal person, but having looked into it myself, I believe you can address this by going to court for a Specific Issue Order, or by applying for a Residence Order. The latter allows you to take your DCs on holiday abroad for up to 28 days with no consent needed, if I have understood correctly.

Sunnymorningwithbacon Sun 09-Jul-17 16:35:07

You can't assume consent.

babybarrister Sun 09-Jul-17 18:20:32

Message withdrawn at poster's request.

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