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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What legal rights does my ex have re holidays?

35 replies

sensuallettuce · 28/06/2012 20:12

I know there is a legal thread but quicker here.

Ex has sent email asking to take kids abroad to a country they hold passports for V acrimonious split - long and short of it is I don't trust him or his OH and they hate me and the feeling is mutual.

He is threatening to take legal action if I say no (he doesn't have PRO) - does he have a leg to stand on?

OP posts:
FlangelinaBallerina · 01/07/2012 11:06

No offence, but I don't think you (or anyone on this thread) not thinking it's likely he'll disappear from NZ is relevant or helpful. Especially when we know so little about his circumstances- and family ties or not, there are plenty of places in the world you can get to without too many questions if you have sufficient money. There's no getting round that.

OP does indeed need proper legal advice, which needs to include info about a PSO as I recommended in my first post.

Spero · 01/07/2012 11:16

I made the point that if he had money, I would be more worried.

Of course, neither you nor I have a clue what he is capable of. And given that the op is not willing or able to elucidate, I agree we can't be of much help.

But I think it is important to remnd people that they need more than just a dislike of their ex to veto contact arrangements.

Cravey · 01/07/2012 11:18

Op still hasn't answered questions regarding ex oh. Were you married etc. I do think people are flying over the top slightly he has asked to take children on holiday and op has only said they hate each ore not that she feels he will not bring children back. The father may well be a totally responsible person who as any good father would wants to take his kids away. May I suggest op takes some legal advice, making sure she gives full details of the situation.

2rebecca · 01/07/2012 14:13

My ex and I have our kids for equal time during the holidays. We have to OK the other one taking the kids out of the UK but have never said no. Why would you if you trust the other person to bring the kids back and you think the kids will have fun?
Whether or not you like your ex and his partner is irrelevent. Once you are divorced or separated then the children's needs take precedence over your bitterness. Children do best academically and emotionally when allowed to have a good relationship with both parents.
I presume by your bit about the passports that your ex and his partner are NZ citizens, in which case is the concern that they won't return? In that case I would be wanting to get legal advice and saying no.

gordyslovesheep · 01/07/2012 14:19

My ex and I both take our children abroad - they jammy little bleeders get two summer holidays!

He is there father and has equal rights to parent them

sensuallettuce · 01/07/2012 19:15

Sorry I have been away!!! They have passports (uk and nz) and yes I have reason to believe he might not bring them back - he def does not have PRO.

It's just been very very nasty and he tries to get me arrested on a regular basis don't want to post too much identifiable info about myself.

OP posts:
RandomMess · 01/07/2012 19:19
Sad

I guess you need to let him take you to court then.

clinkclink · 01/07/2012 19:48

Don't give consent if you think there is a chance he will not bring them back. Do repost this in Legal for more informed advice though.

Spero · 01/07/2012 20:31

Just because it is not in legal does not stop those of us who are legally qualified from giving advice!

2rebecca · 01/07/2012 20:43

If you think he might not bring them back then you say no. If you have to go to court to tell a judge/ magistrate (not sure who does family law in England as in Scotland) that you don't trust him to bring them back then that's what you have to do. You can represent yourself so don't have to spend alot of money. Let him bring on a court case.
How old are the kids if he is their father and they were born long enough ago that he didn't automatically get PR? They may be old enough to have their views considered.

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