Taking children abroad for a holiday - Is consent needed from other parent?

[Homeforkids]

I'm sure this is covered somewhere on here already somewhere - so sorry if asking again.

My ex and myself are divorced but don't have any court arrangements in place regarding contact or time with the children. We have arranged the time amicably for the children so far.

I wish to take them to my home country of Australia for 3 weeks holiday. My children are 8 and 6 and live with their mother, while I have them at weekends and for around half the holidays.

My 8 year old is very excited but my 6 year old is concerned about being away from his mum for that time. Unfortunately my ex isn't selling the idea of a holiday to Australia to them in a positive way. I am aware there will be sad goodbyes but I know he will very much enjoying the trip once we go. The kids have a good relationship with their aussie family, grandma in particular. My ex disputes this.

It's only early discussion stages but my ex has already indicated that based on our sons concerns she won't let him go but has said it is ok for my daughter to come. Obviously I wish to take them both.

The children and myself have the same surname and are of both British and Australian nationality. So that should make travelling itself easy enough.

My ex suffers from mental illness and depression so her behaviour can be random and difficult. For example she can agree something but then change her mind at the last minute.
I have also had a major health scare with my mum in Australia so I feel that does add some importance to going.

So I could do with knowing how this works from a legal side.

1. Do I need her consent to go to Australia for 3 weeks?
   
2. If I get her consent I assume I should get in writing if she is to change her mind? Does this need involvement of the court or is a letter from her sufficient?
   
3. What documents, if any are needed for travel?
   
4. If she doesn't consent, what do I need to do? Do I need to apply to the court for an order?
   
   Thanks in advance!

[Collaborate]

1. Yes - get it in writing.
2. If she won't agree you'll need to apply to court. Proceedings can take around 9 months so plan well in advance.
3. You should take the consent letter or court order giving you permission.
4. See 2 above. Contact a mediation provider and get a MIAM, then complete a form C100. You are applying for a child arrangements order and a specific issue order.

[maybelle4]

If your youngest has expressed they don’t feel happy about going for so long can you not go for less? I’d personally be taking my child’s feelings into consideration