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C100 application

5 replies

balia · 13/12/2011 15:22

Just a quick one - DH is currently filling in the C100 for holiday contact. He wants to ask for half holidays in blocks of a week, alt christmas, and two weeks as a block in the summer to go on a family holiday. Should he/can he also ask for permission to go abroad on that those holidays and for DSS's passport to be held by a third party? Or is that the sort of detail that should be left until things like statements?

Many TIA

OP posts:
countydurhamlass · 13/12/2011 21:03

does he have contact now or is his ex refusing contact altogether/increased contact?

i would put that he wants increased contact/contact to include but not limited to x y and z. if he has parental resposibility he does not need to ask for permission to take the child abroad - it would be up to mother to apply for a Prohibited Steps/Specific Issue Order and have a good reason, however, if he thinks she wont let him he can ask for something to be put in the Order that mother must make the passport available to him prior to him booking anything and that he will produce to her details/evidence of when and where he will be taking child so as to put her mind at ease.

Has your dh considered mediation beforehand? there is a chance the court may order it once the proceedings are issued.

STIDW · 13/12/2011 22:13

It is advisable to get consent from all those with PR for a child or permission from the courts to take children abroad on holiday to avoid being the hassle of being subjected to last minute court proceedings before leaving the country, or even worse child abduction investigations by the authorities. Clearly going on holiday isn't child abduction but the authorities don't know that if a complaint is made.

There is no reason why arrangements for holidays abroad can't be agreed as part of a contact order.

balia · 13/12/2011 23:27

Brilliant, thankyou - he has already tried organising/paying for/attending mediation - we got a letter saying the case wasn't suitable. Current court order has holiday contact at the level ordered when DSS was 3 - he is now 9 and wants more time with Dad.

OP posts:
babybarrister · 14/12/2011 10:06

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 14/12/2011 13:44

Also the consent of both parents is required to take a child out of the country, even for a holiday, unless a residence order is in force in which case the holder of residence can take the child out of the country for up to 28 days at a time.

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