Can ex stop me taking kids away?

[BeerAndMusic]

Had a google and think I know the answer but not exactly clear as we have nothing in place.

I have not communicated with her since Xmas - other than messages passed back and forth via kids (14 (will be 15 at time of travel) and 17. I have blocked due to abusive messages and controlling nature & double standards. Oh, and a couple of attempts to confront me outside my house and my local pub.

Till now (2 years) we have both taken kids abroad, with simple text messages between us saying it's ok (courtesy over dates as much as anything). Have 50/50 but nothing formally agreed.

She took kids away May HT, missing 2 days of school (cheaper). No issue. I want to take them to see their grandmother abroad in Nov, missing 2 days of school. Part of this is she will not allow the kids to visit over Xmas (even though I said last year she could have kids all xmas if I have them this) so wanted a cheap visit before.

She has said no, the reason... they are missing 2 days of school.

I am assuming the below is true, in which case my hands are tied?

If the other parent refuses to give their consent for the holiday, you cannot remove your child from the jurisdiction otherwise you will be committing the offence under the Child Abduction Act which is punishable by a fine or prison

Do their ages come into consideration? Also, I had previously agreed to them going away HT next May, can I now change my mind on that - yes it is tit for tat but just feel I need to stand up for myself?

But your feelings don't mean anything here. He can post, this site is for everyone who wants to.

OP sadly yes she can, but don't do the tit for tat. That just makes you as bad as her.

She can’t with the 17 year old. Yes with the 15 year old.

@Poonu doesn’t matter if you don’t like it. Op is permitted to post

You could equally ask why their mum wants to stop them going away in December

Because the ex is being a hypocrite

It doesnt matter how strongly you feel about something, anyone has the right to post here. Feelings are just that, your own feelings, they have no bearing on or basis on reality.

It depends. Do you have parental responsibility for the child (15 year old)? That would affect the legalities of taking them abroad. You can however get a court order to allow you to take them and the court decides in the best interests of the child and as the younger one is 15 they can speak for themselves and presumably say they want to go. At 17 years old they can go abroad without any parental agreement so that isn’t an issue in this case. You can only refuse for her to take the child aboard if you have parental responsibility. Anyone with parental responsibility can go to court and get a court order if the other person with PR is refusing. Generally they won’t issue a prevention order if the refusal it out of spite or just to be unnecessarily difficult.

Not sure - we just have 50/50 and have had since day 1 (well, actually first 3 months were 90/10 me as she had moved into her mums, but as soon as she had her place it was 50/50). There is nothing formal - we just agreed at the time and thats the way it's been.

So I assume that despite that, there we both have equal parental responsibility.

And to cover some of the other comments:

• Yes, up till now neither has said no to the other ones requests
• The only reason I would threaten to block her holiday next may is tit for tat, really as a threat so that she doesnt block my trips
• There is no room for talking IMO. Her messages to me had been abusive and she has lied to friends and my family about me. Its a control thing, because I have no contact with her she tries to do what she can to have an element of control over my life
• I knew the school thing would open up a can of worms - two days to see your grandmother (and who lost their grandad suddenly earlier this year) when I doubt we will see her till summer 26 (unless we do similar and take a few days out of school in quiet times) is IMO a price worth paying as I simply cannot afford 3x flights in holiday time