Divorce absolute

[Dutch72]

My divorce absolute has come through. The finances haven't yet been sorted, but a date has been booked for court. A child arrangement order has preliminary been put in place, for my ex to have access for 1 and a half hour a week. Again, a further court date has been set to assess the outcome, as so far my three chi,Daren are refusing to go with their father, and are awaiting being interviewed by Cafcass...

Now that we are divorced, who has parental responsibility? And what does that mean exactly? The children reside with me, their mother. Am I now ab,e to take them out of the country with out permission, if I wish to go away for a 4 day break?

(By the way do make sure you have a sealed court consent order on the finances before you get the absolute).

Divorce does not affect parental responsibility so you and your ex both have PR. That means you both have a say in any important decisions about your children such as where they live, what school they go to, medical treatment and so on. You cannot ignore his views just because the children live with you. If you cannot reach agreement on such matters they will have to be resolved by the courts.

If the child arrangement order gives you residence you can take your children out of the country without your ex's consent provided it is for less than one month. If the order does not give you residence you need your ex's consent to take your children out of the country even if it is just for a few hours.

As prh47bridge says divorce has no bearing on parental responsibility and as long as he is on the birth certificate you both have it. Which means you are obliged to ensure that you both play a part in all aspects of your childrens' lives.

PR has no bearing on time spent with either parent. Since April last year it's not called `residence' anymore: Orders may (but don't have to) say with whom the children live.

A resident parent' (as was) can take children out of the country of the non resident' one...but bear in mind that it is far better for your children (and you) that you don't start laying the law down to each other (a non resident parent can apply for a prohibited steps order to attempt to prevent you for example). Work on the principle that you are equal parents. In this example if you are planning a holiday abroad let your ex know (and give him a few details) and let him know you will of course reciprocate if and when he chooses to do the same.

Court is the worst option - if you can, avoid it.

as long as he is on the birth certificate you both have it

One minor correction. As you were married he has PR even if he isn't on the birth certificate.