Holiday

[rubin]

Hi,

I've booked a holiday in June this year for myself & my 2 children - a package holiday with grandparents. The way the flights work they straddle potentially 2 weekends that their father should have them. By court order he normally has them every 2 weekends - although it's regularly every 3 or 4 weekends.

I'm going to suggest he has them during the week either side, which will work fine for him as he is self-employed & in the past has had them on week days.

I know however, sherely out of spite he will try to make this difficult & will threaten a prohibitive steps order - is that possible at all in this situation??

Interested to hear all sides...

R.

I think you've taken a bit of a risk, but it depends on your situation.

Are there residence and contact orders in place? If so you could find yourself in breach. Which is why it's always best to get agreement first.

From what I know the courts understand that sometimes holidays, cub camps etc will get in the way. Surely you're allowed a holiday. I thought the parent with care was allowed to take children out of the country on holiday for up to 3 week weeks

Yes there is a contact order in place, but I find it completely ridiculous that a court would argue that a 2 week holiday for the primary parent & children is such a serious breach of an order as to justify stopping it. Surely to god, someone has to agree to some reason in situations such as this.
How on earth would the primary parent be able to have 2 weeks holidays without infringing to some degree on the NRP's access ......... or are we not allowed to have a relatively normal life?

Thank you Santa5l1ttleHelper, yes that makes absolutely sense. It would be ludicrous to think otherwise.

Hmmm it does seem that way doesnt it! I'm trying to organise my wedding at the moment and desperately don't want my ex to find out because he will deliberately try to spoil it.
I find it hard to believe that you wouldn't be allowed a holiday and a pho would be a bit ott, surely a judge would think your ex petty.

If he has PR you need his consent to take your children out of the country unless there is a residence order in place. If there is a residence order you can take your children out of the country for up to a month without his consent.

He could apply for a prohibited steps order to stop you but I would be very surprised if he got one.

You should not just ignore the issue of consent even if he doesn't apply for a PSO. Some countries will want evidence that you have his consent before allowing you and your children in. And if he wants to be really nasty he could wait until you are abroad and report you for child abduction. If he will not consent you can apply for a Specific Issue Order to resolve the matter.

Thanks prh47bridge, but we have a shared residency order which means I can take them out of the country without his permission for up to 28 dys.
I not going to a country which will ask for evidence, so not an issue there.

Santa5l1ttleHelper, don't let him imtimidate you. It will come across incredibly petty if your ex tries to hinder you wedding plans.

In that case I wouldn't worry. There is no realistic chance of him getting a PSO.

Perhaps it would have been wise to at least consult with him before booking the holiday, if nothing else to make sure he didn't have plans on those week ends. I would also check with my ex before arranging something on week ends DC would normally be with him and would expect the same the other way as well.

If he refused to agree then he could either go for prohibitive steps or you could go for specific issue depending on who applied to court. The courts care about what is bet for the child so I think he would find i hard to argue against a holiday witg GP's unless there was a legitimate risk of "flight"

Perhaps it would be wise to allow him to state the alternative times that best suit him, rather than yo deciding - perhaos that might avoid any animosity and mean therefore you can avoid the courts completely

Unfortunately elvisaintdead, my ex is the most unreasonable & vindicitive person I know & will do everything possible to make things difficult for me. Ive always tried to be reasonable, but each time had it thrown back in my face & suffered 3 years of verbal & emotional abuse.

I've learnt the hard way that consulting with him will never work.
He never gives me reasonable notice of which weekend he is having the boys & regularly shifts from every 2 nd weekend to every 3rd weekend & sometimes even more.

If he persued a Prohibitive steps order it would be purely for vindictive reasons & I'm positive the court will see that.

I will give him the opportunity though to suggest dates either side.
Thanks