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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Husband (now separated) wants to take children out of school for a week's holiday

24 replies

percy1979 · 31/05/2018 11:18

I posted on here on Mother's Day just after I found out from my husband's laptop left open that he was having an affair.

Two and a half months later, he has basically moved out and is living with his mum, and has been spending time with the other woman every other weekend. He's even taken her and her 8 year old daughter camping with his family, while my kids still don't really know what's happening.

Anyway, today he came to take the children out for the day - first day out just him and children (and his mother) since this all started in March. He asked if he could speak to me for a few minutes outside before they left. I've tried to keep big topics of conversation in emails - to avoid emotional responses, and keep a record, but reluctantly agreed to go outside and talk to him in the car while my MIL (Who has lied and covered for him) stayed inside with our children (7 & 4).
It turns out he and the other woman have "no plans to see each other in the future". I replied good, and commented on the damage they had already caused her daughter by messing her around. He said he would be around more at weekends now (like I'm meant to be pleased about that?!?) and in light of that, he would like to take the children away on holiday with his family for the last week of the summer term.

This holiday with his family is because his sister lives in scotland and so her children break up for school holidays 2 weeks earlier than England. She has booked the same large house in the Lakes as she booked last year, and like last year invited her two brother, their families and mother to go. I have no issues with her doing that. She's kept the same plan.
Originally, my husband booked leave to go and was intending to go on his own (at least I thought on his own!!) with the rest of them. I was cross with him that he wanted to use a week's holiday not on his children, and that their whole family were getting together when just our children couldn't go. I'm a teacher, so term time holidays are never an option for me.

So this morning, straight after telling me that he and this woman are now not together, he said "so following on from that, I want to take the children to the lakes for the week with my family!" Like it;s only now important for them to see their cousins (who they haven't seen for nearly 4 years thanks to him) now he and this woman aren't together. Clearly she was also meant to be going.....

I strongly believe they shouldn't miss a week of school. I'm a governor at their school. My son is only in nursery so that is less of an issue, but my daughter is in Yr 2. On the Monday of that week they have a transition afternoon where they all go and spend the afternoon with their new teachers, including my son visiting his new reception class with new classmates etc. I'm adamant they don't miss that, and already have permission from my boss to have the afternoon off to take my son to that.

My husband has said he'll write to the head and he's sure she'll understand. But from governors' meetings, I know the absence will have to be recorded an unauthorised. I also know that our school does not charge for holiday absences. So money is not the issue. But only 2 months into this separation/divorce journey I don't want to set precedents that he can take the children out of school whenever he wants. He is generally un-supportive of school, doesn't help with homework, thinks rules are silly etc.

Should I put my foot down? Legally can he just take them away without my agreement? My sister (who's more diplomatic than me!) thinks I should compromise and let him take them just the Wed-Sat, based on the fact that the last couple of days will be videos etc.

Very long rambling post! Sorry

OP posts:
SuburbanRhonda · 31/05/2018 11:21

Doesn’t he need your permission for this?

percy1979 · 31/05/2018 11:22

That's what I'm not sure of. It's such early days in all this that he still technically lives our address, married with the children

OP posts:
UndergroundSun · 31/05/2018 11:23

I think Wed-Sat would be a great compromise. I don't generally have an issue with taking children out of school but I wouldn't want them to miss their transition afternoons.

SuburbanRhonda · 31/05/2018 11:34

Even if he isn’t living with you, I presume he has PR. But I think there’s something about both parents with PR having to agree.

It’s all very well for him - it’s not he who will look like a hypocrite if he takes them out for a term-time holiday.

percy1979 · 31/05/2018 11:39

And his argument is so shit "so you don't think it's important they see their cousins" when it wasn't important to him until this other woman dumped him... And it hasn't been important for the last 3.5 years when I've been suggesting we go to Scotland to visit them but he's said no

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SuburbanRhonda · 31/05/2018 12:30

All you have to say to that statement is “yes, I do think it’s important they see their cousins but no, I don’t want them to take a term-time holiday from a school where I work and have to set an example”.

LarrytheFishwithFingers · 31/05/2018 14:51

I don’t think the OP works at their school - but is a governor.

As a teacher I don’t think missing the last week of term in the summer would make much difference really. It seems like quite a nice thing to do.

I get that you’re upset that he’s seeing more of his family now (and only now) and about the affair, but the holiday doesn’t seem like a terrible idea. Don’t put your foot down unless you would 100% have done so in other circumstances.

percy1979 · 31/05/2018 15:09

Yes i’m a governor at their school, and teach at another school. Term time holidays has never come up before because I could never go during term time and husband has never taken the children away on his own. We were all invited by his sister last year for the same week, but he never suggested that he should go with the children while I stay at work.
We have taken daughter out of school for 2 days total over 3 years of school, she loves getting the 100% attendance certificate.

OP posts:
Aragog · 31/05/2018 15:19

Is that their only transition session? We do a few different transition days over the summer term, so for us it wouldn't be a big issue to miss one of them.

I don't agree with 100% attendance certificates at all, so that aspect wouldn't bother me in the slightest.

As he has PR I assume he is as entitled as you to apply for a holiday and to take them a way for a week, etc. I don't think both parents have to agree technically.

It is likely it will be unauthorised absence - it wouldn't be seen as exceptional circumstances. Personally - I also teach - I wouldn't be bothered by this. I know some people who are. But I really don't believe it will have a detrimental to your child's education.

As a compromise, is there the opportunity to go Tuesday, after school, til the end of the week?

percy1979 · 31/05/2018 15:23

I know the last couple of days will have little value educationally. I’m just worried that if I agree now it sets a precedent that every holiday he takes them on is term time. Which I disagree with.

OP posts:
Yokatsu · 31/05/2018 15:25

No he doesn't need your permission. He has parental responsibility and it's within the country. You could ask him not too but you can't stop him without a court order

agentdaisy · 31/05/2018 15:54

His behaviour in having an affair and afterwards has been shit. However, it's important that you separate your completely justified hurt and anger towards him and his relationship with your children.

It's the last week of term in primary school so they won't miss out on learning. I'd let him take them on holiday from Tuesday so that they can still do the transition afternoon.

I don't generally agree with term time holidays but the last week of the summer term is generally just playing games/drawing/watching videos ime so I the harm in missing it in order to go on holiday.

Branleuse · 31/05/2018 16:01

I'd let him. They're both little so I don't think it's going to affect their education and will be nice for them to spend time with and get to know their cousins

lifebegins50 · 31/05/2018 17:19

I thonk you could let it go ahead (actually can't stop it unless you apply to court or physically hold back the children)

If he tries this repeatedly you would have a case for education disruption so likely tp have courts on your side.
You would have to apply for a prohubited steps order.

It will get easier but appreciate early days of separation is very tough.

MrsBertBibby · 31/05/2018 17:29

If it should come before a court, you will find that magistrates (who enforce school absence fines) take an incredibly dim view of children being taken out of school. So I don't think you need fear a court considering you to be unreasonable.

Similarly, if he should take them against your wishes ( presumably therefore with no preparation, no goodbye,) he will find himself in 50 shades of shit with the Court and CAFCASS.

If you say yes, it will happen every year. "But you agreed last year. It's our tradition" and a dozen other hawkish excuses to 'have the kids while someone else does the work. And guess who won't get a bit of child free holiday? You. Because you'll still be working while they're away.

MrsBertBibby · 31/05/2018 17:30

Mawkish. Not hawkish.

Clutterbugsmum · 31/05/2018 17:47

I would say no, I don't understand parents who take children out the last week of summer term. Your children work so hard all year and then the one week they are doing fun things at school they are not there.

And just because he now around for his children does not mean he has them every weekend you need to see them as well.

LifeasJulie · 31/05/2018 17:54

I'm not overly concerned with taking children out of school for holidays, unless it's during crucial exams or studies.

Ask yourself how much is your anger talking - and there is no denying he is a prize plank - or are you genuinely concerned with the school aspect.

And, of course, would you be cutting your nose off to spite your face... which in this case, would be your children missing quality time with both their father, and their cousins.

averythinline · 31/05/2018 18:05

I think you need to formalise contact with the DC and living arrangements in writing /court as he cant change around what hes doing with the DC based on whether he has a girlfrend or not...
This needs to be sorted for the longer term...

I would suggest you say they shouldnt miss school at all and definetly not the transition days in writing.
It is up to him then to apply to the school for unauthorised absence I dont think you can stop him but I dont think you should facilitate either.

Have you had legal advice at all - would suggest that in the first instance....

percy1979 · 31/05/2018 18:15

Thanks for all your comments. We haven’t got the far down the legal route. It’s only 9 weeks since I discovered the affair and all a big shock. Just getting by day to day with him disappearing 5 days at a time has been a rollercoaster, not to mention his controlling and bullying behaviour. I have seen one solicitor who I clicked with, but she’s away for half term at the moment - I called her this morning.

I think I’m going to say that as a one-off, because his sister already booked it and he has already booked he leave, they can go this time and miss Wed-Fri of school. My daughter will be sad, she loves the end of term water fight with the other local primary in the park! But I will make it clear to him that this is not a free pass to take them out of school whenever he wants. I don’t know why he sprung it on me this morning - the minutiae of when he is seeing the children has all been agreed over email up until now.

OP posts:
user1499173618 · 31/05/2018 18:17

He’s messing everyone around to suit himself. Just say no to the holiday in term time and tell him to respect his responsibilities as a husband and father.

DorothyBastard · 31/05/2018 18:23

I think you should absolutely say no to a termtime holiday, last week or not. If he wants to take them away for a week to see their cousins he can do that in the summer holidays

percy1979 · 31/05/2018 22:18

I spoke to him when he brought the children home (at 8pm after promising not to be late) and said I was willing to consider compromise, and suggested Wed - Sat. He said it's not up to me to compromise, he can take them when he wants. He's going to email headteacher if I don't email him tonight about it.
This is his controlling behaviour kicking in again.
He's threatening to make me take it to court otherwise he will take them

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Branleuse · 31/05/2018 22:43

youve got a lot more years of schooling ahead of you where you might well want to take them out for something in term time, which is worth bearing in mind.

And of course he should be the one to seek permission from the school, not you.

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