Taking children on holiday

[Ryan54889]

I have a residency order for my daughter and her mum has asked whether she can take her on holiday in the UK for a week during school hols; unfortunately it overlaps with our family holiday so I have refused her request on this basis. As my daughter is with her mother over the weekend she asked to take her she tells me that it’s too bad about the overlap and as our daughter that weekend anyone she is just taking her anyway as she has PR and has every right to take her in the UK without my permission. I wasn’t sure is this is accurate as I have a residency order for, so....question is who is correct & can my ex indeed take her without my permission

Does she have a court order confirming her right to have her daughter for that weekend. If so then she has a right to take her daughter away for that time without you agreement within the uk. You will be breaching the court order.

Btw you were out of order to arrange a holiday during her access time agreeing without the mother’s agreement. In a bigly way.

You need to climb down your ladder. Tell her you are sorry for the mistake you made and want to work out something that gives you both a holiday with your daughter.

You are mis-understanding, her mother wants to take her for a week, the court order states she is to be with her mother every other weekend only. I have booked a holiday (as I do same week every year) that would start after that weekend once she is due back so I do not need to climb down my ladder or apologise to her as I have done nothing to interfere with the court order.

So sorry to hear you're in this situation. Technically she will be breaching the residency order and you are morally completely in the right. However, unless her mother poses a clear and present danger to the child, police are likely to say it's a civil matter. She will get told off in court but by that stage it's too late for your holiday.

Is there anyway to solve this amicably? Eg offer alternative dates for her holiday, explain you will be forced to take her to court etc and you want to co parent. If not then I would keep the texts where she confesses her intentions to not return the child and then refuse to hand her over.

Only issue with that adversial approach is, are you going out of the country? She can make that difficult.

Hope you get it resolved and you can enjoy your holiday

I have already explained that she could be breaching the order if she doesn’t return her at 7pm on Sunday eve as per the order but her response was hostile to say the least. I also thought about not allowing my daughter to go that weekend but I don’t want to deprive her as she barely see’s her mother as it is. I just wasn’t sure whether she was right about being able to take her without my permission as I do have a residency order. I suppose mu advantage is that as the resident parent I can take my daughter anywhere in/out of the UK for up to 4 weeks without her mother’s permission; maybe she realises that which is what is causing the issue...I never thought of that