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6 replies

toody · 21/10/2010 22:27

my ex partner wanted nothing to do with son when he lived with us wouldnt even be in same room, been apart for nearly year sees son for 5 hours on sat. he says i cannot take son on holiday with new partner without his permission is this right and can he take son on holiday without my permission which he would want to do to spite me if i went away. what rights does he have?

OP posts:
GypsyMoth · 21/10/2010 22:30

do you mean abroad?

do you have residency....any court involvement?

ElsieMc · 21/10/2010 22:34

He is wrong. You can take your son out of the country for up to a month without the permission of your ex partner and vice versa.

Do you have a residence order? Does he have parental responsibility? Is there an order in place specifying contact and holiday arrangements? A lot depends on this.

If your hold your son's passport, you could refuse to hand it over, but he could go back to court for a specific issue order and no doubt get permission to take your son on holiday, at home or abroad.

You may need to take advice on this.

toody · 21/10/2010 22:36

yes for two weeks there is no residency order

OP posts:
prh47bridge · 22/10/2010 09:50

I'm afraid ElsieMc is wrong.

If there was a residence order in place you could take your son out of the country for up to a month without needing anyone else's consent. In the absence of a residence order you need the consent of everyone with parental responsibility. So if you were married to your ex or he is named on the birth certificate you need his permission to take your son abroad.

The position is the same for both of you. He needs your permission to take your son abroad.

If your ex refuses to give permission for a holiday you can apply to the courts for a Specific Issue Order. It is unlikely to be refused for a genuine holiday.

babybarrister · 22/10/2010 10:57

This reply has been deleted

Message withdrawn at poster's request.

mumoverseas · 22/10/2010 19:25

I also concur with my two learned friends above Grin

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