Travel Consent

[Foreverboris]

So - a little history

I had to take my ex wife to court over contact and holidays in March of this year. The judge ruled totally in my favour - she has to drive our DS to London for contact twice a month and I get 6 weeks of holidays per year - more than the piddly two weeks they were offering. I also get FaceTime twice a week - slightly one sided conversations at present as he is only 2!

I have to give my ex wife 3 months notice of my wish for a holiday and she must respond within 1 month of notice and her consent must not be unreasonably withheld - she has a history of being spiteful and obstructive as the judge was at pains to point out to her, along with the CAFCASS officer, she is being totally unreasonable.

The court order states that I am allowed a holiday of two weeks this August. I have booked to take our DS (he is two) to Rhode Island in the US for two weeks over the court prescribed period and have rented a lovely beach house; DS grandfather and uncle and aunt with his cousins are also coming out.

I informed my ex wife of the trip (even though the court has ruled that I can have a two week holiday during said period) three months before the trip - so that I cannot be accused of not adhering to the trimeframes in the court order. The one month has now passed and I have heard nothing from her on the holiday (notice was done by email so as to note the date executed etc).

A few days after the one month period for her to respond and consent, I sent her a gentle reminder and included a Travel Consent letter for her to sign and have witnessed as the US can be tricky and I want to avoid having any issues entering the country.

She is refusing to sign the Travel Consent letter - but has only refused verbally, she wrote refuse to sign in writing.

What can I do? The court order doesn't give a specific destination in the court order for my holiday.

'Regarding my arranged holiday with xXxX. As I have not heard from you I will assume this is agreed

I would be grateful if you could make xXxX passport available no later than 21 days before our departure'

Is there an order for residency in your wife's favour?

She has to, as per the court order, bring his passport the with him on the contact weekend before the holiday departure.

There is no residency order.

I will need to respond to her, nudging again I think, but an email stating that she has agreed by not responding might not wash much if US immigration choose to be difficult.

Gosh, isn't there a possibility that with holding her consent would be seen as reasonable? Two weeks on another continent away from his primary carer seems a lot for a 2 year-old. On the other hand, I have flown a lot alone with DS and never been asked for a consent letter.

If DS surname is same as yours, US immigration unlikely to ask questions. Or am I missing something?

Or am I missing something?

Yes you are. Some countries are now wary of allowing children to enter with just one parent in case the parent concerned is abducting the child.

I often entered the USA with just me and one or more of my DCs in the last 10 yrs . They love going through a long list of fairly boring questions about why I am there but not once have they asked about the DCs.

If the judge and CAFCASS are so pro you and have understanding of her spite and obstructive nature why faff about waiting for her to ruin your holiday plans,she's informed you she does not consent.

She is telling you her plan,listen to her and just go right back to court

I would also add to get that passport lodged with the court. I can see it going missing the contact week before.