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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

court permission for holiday.

15 replies

fuckingroundabout · 26/07/2017 16:36

Requested through a solicitor to my ex that I take our children on holiday to spain in september. He has responded that he will not give permission until I agree to him having contact. Social services have told me not to allow him to have contact and to make him take me to court so I obviously cant go against what they say.

Now I need to go to court. How likely is it they will approve the holiday? children will be nearly 3 and 1

OP posts:

Collaborate · 26/07/2017 16:48

Almost certain.

traviata · 26/07/2017 16:50

Very likely.

Mostly holidays won't be approved if there is reason to think the children won't be returned, or if the holiday is to obstruct contact (eg going away for 6 months) or if the parent asking for permission is risky (eg drink).

Original poster

fuckingroundabout · 26/07/2017 16:55

well if he tries the wont be returned card what wouls I need to do to prove I am?

its just a week at rhe end of a very shitty year for us!

OP posts:

traviata · 26/07/2017 17:02

Generally "won't be returned" arguments only really have any force if you have extended family in the other country, or you originally came from there.

If you obviously have a home and roots here, kids go to nursery here, your family are mostly here, perhaps you work or study here or are committed to something, and have never for one moment suggested that you might take the DC abroad permanently - it isn't going to stick. The court might at most order you to give him copies of your return flight info . Or if he is dangerous the court might order you to file copies at court for the judge to see but not to be passed to him.

Original poster

fuckingroundabout · 26/07/2017 17:15

I have a couple of aunts and uncles where we are going but its pretty obvious our entire lives are here.

I cant believe hes still trying to control my life :(

OP posts:

MrsBertBibby · 26/07/2017 19:00

It's only Spain. If you don't come back he can easily get you sent back.

Silly man.

youvegottofallbeforeyoufly · 26/07/2017 20:52

If it doesn't interrupt a court order (which I presume it isn't as he is having no contact) I'm sure you can take them away for upto 28 days without his permission x

babybarrister · 26/07/2017 20:56

This reply has been deleted

Message withdrawn at poster's request.

Original poster

fuckingroundabout · 27/07/2017 18:57

my solicitor is saying I wouldnt be stopped from going but if he calls the police i have comitted a serious offence?

OP posts:

titchy · 27/07/2017 20:22

If the court OKs it you won't have committed any offence

babybarrister · 27/07/2017 20:48

This reply has been deleted

Message withdrawn at poster's request.

clippityclock · 27/07/2017 21:37

Get a residence order and then you can take them out of the country for up to 28 days without his permission. It is what I have and therefore no need to contact him to get his permission. Makes life much easier. You will need to take the court order with you though when you go abroad. I have had to show mine twice.

Original poster

fuckingroundabout · 27/07/2017 22:00

we are waiting on the final legal aid certificate to come through so not sure if we will get to court in time

OP posts:

titchy · 27/07/2017 22:05

Self represent - it's a straightforward case.

MrsBertBibby · 28/07/2017 08:30

Just get your application in. If you wait you may well miss the plane. C100 is perfectly straightforward , ex160 for court fee remission. C1A about abuse if there is any.

Do it now.

Flip