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assume holiday consent?

4 replies

eeniemeenieminiemoe2014 · 08/07/2017 19:21

there is a restraining order against my ex for domestic violence so contact is only through solicitors.

I am taking the kids on holiday in september and am aware I need his consent. My solicitor has sent him a letter on friday asking for consent. If by the time the holiday comes around can I assume that because he hasnt said no that he consents?

OP posts:
MissJC · 08/07/2017 19:31

Double check with your solicitor as it would be hugely disappointing for you not to find out for certain and not be able to go on holiday!

kittybiscuits · 09/07/2017 14:46

Do check with your solicitor but I think you would be doing it without consent and depending on the destination that can be a major problem. I'm not a legal person, but having looked into it myself, I believe you can address this by going to court for a Specific Issue Order, or by applying for a Residence Order. The latter allows you to take your DCs on holiday abroad for up to 28 days with no consent needed, if I have understood correctly.

Sunnymorningwithbacon · 09/07/2017 16:35

You can't assume consent.

babybarrister · 09/07/2017 18:20

This reply has been deleted

Message withdrawn at poster's request.

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