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Booking holiday before court order

7 replies

Hullabalooo · 20/04/2019 11:17

My EA ex is taking me to court with final hearing in summer. I'd like to book a holiday before this but to go after this date (Of the final hearing). Is that a possibility does anyone know?

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StrongerThanIThought76 · 22/04/2019 07:18

Depends what he's taking you to court for...

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Parent999 · 22/04/2019 08:41

Yes, when writing your statement of evidence for final hearing. At the section where you tell the court what orders you’d like, ask for the dates of the holiday and it will be written into the order.
Now is the best time to do it because if your ex plays games when you tell them/ask permission, the court will be able to see it. May even help your case if they play up.
It did with my court order.

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Hullabalooo · 22/04/2019 13:05

He wants 50/50 though did put in for full custody just before first hearing so who knows

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Hullabalooo · 22/04/2019 13:06

Thanks @parent999 that's really helpful!

Do I need to ask ex permission to book or can just go ahead and do so.? We both have PR.

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needsahouseboy · 22/04/2019 13:08

You need to ask him and the court. Unless he has a very good reason to stop you, he will really bad if he refuses. If he does refuse you can apply to the court separately from the contact hearing and get permission from them

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Iamnobirdandnonetensnaresme · 22/04/2019 13:11

That will work both ways though. If he wants to take the kids away you'd have to let him

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Parent999 · 22/04/2019 17:28

If there is no court order then in the eyes of the law you have equal PR and need permission to go on holiday ‘abroad’
You can of course book the holiday, but 1. You may risk losing deposit 2. Risk the perception that you’d booked it without securing permission or a court order first.

I would send a text and propose the dates. If he says anything other than yes, enjoy yourselves then show the court and they will order it as part of the child arrangements order.

With that said, even if it’s a joint lives with order, you won’t need permission to go abroad but you will need permission to adjust the order if it falls on ex’s contact time.
IMO best to ask his permission now and deal with the response accordingly. At the final hearing anything could happen and you won’t want the added stress of wondering if you can go on the holiday you’ve booked.

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