Legal advice please- taking children abroad without ex husbands consent

[Itsallsonew]

I am taking my children to Florida (12 &17) next year with my new partner and found out I need my ex separated husbands consent to do this. He has said flat no. What do I do now? Any help would be great. The kids live with me see him rarely and he pays minimum child support (£35 a week), because he chooses not to work. Can he really stop us??

Go to court for a specific issue order. Cost a couple of hundred quid and you can represent yourself. Highly unlikely not to be granted unless there's a massive drip feed (like new partner is a US citizen and you don't plan on coming back).

Yes you’ll need to go to court. What a petty twat he sounds.

My ex was difficult too. I just never told him what we were doing. I have taken my kids all over the world and was never asked for a letter or stopped etc, even in Canada, which is supposed to be hugely on the ball re kids travelling with just one parent. They’re less likely to ask the older your children are. You’d probably be fine but best not to try especially now you’ve told him and he might be wanting to make trouble.

Specific issues order, pronto.

I did my own 8 years ago after dickhead ex refused a fortnight in Spain. Its really not a biggie, ask the court for the right form, make sure you enter all the right information, pay your fee and wait for the court date. My ex didn't even bother to show up, and the judge gave me a residence order straight off the bat as it was so obvious the ex was just throwing his weight around.

(Residence order allows resident parent to leave the English jurisdiction for 4 weeks without permission from ex, not sure if they're still available).

Just a thought, is he named on the birth certificate or applied for PR? If NOT, just book the tickets and go.

Thank you all, sadly we are still officially married and he is on the birth certificate ( the mistakes we make eh). Thank you for the advice I will look into it. He ruined so many things over the years I won’t allow him to spoil this. X

Do you have the same surname as your children? I'm years divorced but have the same surname as DS, taken him abroad multiple times and not been questioned once. I heard they only really question if the children have a different surname.

I was still officially married when I applied for the SIO, that won't make any difference.

There's a special place in hell for men who'd refuse their kids a holiday just to spite their ex. Bastards.

At 17 not needed but 12 year old grey area

But I often take my children away as am single parent since was 7 and 9 I just take copy of their Birth certificates to show am their parent not had any issuss

Thanks all. Yes we have the same name and I can take their birth certificates and hope for the best. Honestly he complains they don’t want to see him and wonders why? I have always encouraged them to make an effort to see him but he has burnt that bridge!

Is it really worth taking the risk, for the sake of a couple of hundred quid to get a SIO? It's going to cost thousands to go to Florida, what will you do if you get to the airport and discover that you can't get the kids onto the plane?

Since my SIO/residency order I've taken the dc out of the UK a few times, including America, and I've been stopped twice. US immigration is lengthy and thorough. Without the security of that official paperwork I'd never risk a holiday, although the probability of being stopped is quite low, its not a certainty.

(Plus you get the satisfaction of a legal document that shows the dickhead for what he really is.)

Please don't take the risk of them not being able to fly because their dad is a knob.

No means no. Why would you even attempt it? See a lawyer rather than people who think they know on here.

The UK needs to sort this.
I've moved back to Canada now but if one parent opposes travel, the parent who wants to travel takes it to court. If the judge finds the parent who opposed it didn't have a valid reason, they have to pay all the costs associated with the traveling parent taking it to court. It stops a lot of unnecessary refusals from either side.

I took my children all over the world. Interesting to read now that I should have had my ex’s permission. We haven’t seen him in years. I’ve just realised I’m not even 100% sure where he lives.

Thanks I have till June so I will give him until Christmas if he doesn’t stop being an idiot I will go to court as I can imagine he would love to cause the upset for me. He hates it that I got away from his drug and money wasting to be with someone who makes us all happy. @Rtmhwales that makes a lot of sense