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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.

Permission to take kids abroad

3 replies

Daisylight · 13/07/2022 10:38

I suspect I'll need to consult a solicitor but would be grateful if anyone could please help.

I have 3 children and would like to take them abroad for a holiday. I am in the process of divorcing husband. Had to take non molestation and occupation orders out against him so his whole remit now appears to be to punish me. He barely sees them (twice in 10 months) and contributes nothing. But has repeatedly stated that I'll need to get his permission to take them on holiday (which I know I do). He will refuse this.

Where do I stand? Will I need to make an application to court? And repeated ones each year I want to take them away?

Any advice would be gratefully appreciated.

Thank you

OP posts:
BetterFuture1985 · 13/07/2022 10:52

You are unlikely to get any good, reliable advice here. I suspect the circumstances around the non-mol and occupation orders are going to be relevant (i.e. are they resolved or just in existence until something is or is not proven) and I wouldn't recommend sharing those with strangers online.

c3pu · 13/07/2022 10:58

The letter of the law says you need permission from everyone with PR to take the children abroad (in most cases that's the mother and father named on the birth certificate).

If there's a Child Arrangements Order (contact order) then there's usually a clause in there that either parent can take the children abroad for 30 days. If there's no court order in place that mentions taking the kids abroad, it can be dealt with via a specific issue order if memory serves (it's been a few years since I last had to deal with the family courts).

AndSoFinally · 13/07/2022 13:23

It's a pain in the arse but if he really really doesn't want you to take them, I would wait til things are more amicable.

We had a similar issue with my DSS' mum. She agreed we could take them until everything was paid for, and then started messing around changing her mind, trying to change dates, etc. she finally threatened to report his passport as stolen, as which point I called it a day and cancelled the holiday. Wasn't worth the hassle.

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