Can he stop this holiday?

[pinguthepenguin]

My ex is taking me to court for every weekend contact. In the meantime, we are sorting Xmas contact. I am agreeing to him having dd this Xmas ( he hasn't had her before, and hasnt asked) and I want new year to take her on a foreign hol. My sol thinks he will oppose this to make my life difficult. From what i have read on here though- courts don't like parents obstructing holiday travel just to be malicious.

We have already booked. I am now worried I will be stopped from going.

If he has PR you need his consent to take your daughter out of the country unless there is a Residence Order in your favour. If he refuses to consent you should go to court for a Specific Issue Order to resolve the matter. For a genuine holiday you should be able to get the order you need.

Thanks for the reply

He has already given consent verbally when we were getting on ok but comm has broken down. We don't have a resisdence order ( that's what he is taking me to court for). The trouble is...the hol is coming up in new year, we also have a first directions hearing in Dec. If he refuses the holiday, will I get another hearing for the specific issue in time to go? How kong does it take?x

If you have a directions hearing in Dec you can get the hol addressed then - he would be a fool to oppose it and would need very strong arguments i.e. flight risk/adduction to another country which I strongly suspect he would have problems proving.

Just send him an email requesting his agreement to the hol dates - if he refuses to agree or ignore take that with you as evidence to the hearing.

Thanks guys.

My sol is worrying me as he said that the hearing is in a magistrates court and they are a bit 'weak' on dealing with issues head on.

Is this true?
My sol said that our case should be dealt with in a county court and he will ask for it to be transferred there??

Does anyone know if it's possible to ask for a transfer to a county court?
Also- how quick could I get a specific issue order? Thanks all