Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

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

Exhusband's rights

6 replies

Stagename · 23/11/2017 23:00

Divorced 4 years, 1 primary aged child. No court order - contact by mutual arrangement (exH has consistent EOW plus one evening per week accommodated in my home). Civil communication maintained throughout.

ExH has become very angry about something and is now issuing threats in retaliation. I would really appreciate advice on whether he can do what he is threatening to do.

I have ExH's written permission to take DC abroad to visit family at any time. ExH's first threat is that he will withdraw that permission. Am I right in thinking that I never actually needed his permission for trips under 30 days (although have been asked for this evidence at airports), and that to actively stop me travelling he would have to take out a prohibited steps order. I can't think that there is any reason that this would be granted (I have property, long-term employment, DC school all in UK, have travelled abroad a dozen times - so no risk at all that I would travel and not return (I am UK citizen). So is this an empty threat, or could he somehow block me travelling (severely limiting extended family contact)?

While abroad, DC loves to do a sporting activity with a relative. ExH has expressed concerns in the past about the safety of DC in this situation. ExH has no experience of this activity and in my opinion seriously overestimates the risk. However, in respect of his concerns I have always ensured that I accompanied DC and relative. I am absolutely confident that there is negligible risk, and all appropriate safety precautions are taken. I would never ever put my child in danger. ExH, in retaliation mode, has now said that DC are not to do this activity ever, and that if I disregard this, then he will withdraw permission for DC and I to travel. Stopping the activity would deeply upset relative, and seriously reduce DC enjoyment of family holidays.

Does ExH have any right to dictate what DC does and with who while DC is under my care?

I realise that I may end up having to just accept this demand to keep the peace, but want to understand what legal rights ExH may have in this situation.

Thanks for reading, and thanks for any advice that you can offer.

OP posts:
Collaborate · 24/11/2017 06:02

He can withdraw permission to travel. The 30 day rule only applies if you have a residence order.
He can’t control what you do other than refuse consent to travel.

user1479246102 · 24/11/2017 09:51

So Of A mum wants to take her children abroad or visa versa...would that parent need to get written permission from the other parent to do so?? Is that right Collaborate??

Tinselistacky · 24/11/2017 09:55

Based on his regular def not 50/50 I would apply for the residency order then he can whistle about stopping you travelling.

Collaborate · 24/11/2017 10:37

So Of A mum wants to take her children abroad or visa versa...would that parent need to get written permission from the other parent to do so?? Is that right Collaborate??
Yes. Neither parent can remove the child from the UK without the consent of the other or a court order, unless a residence order is in force, in which case the parent in whose favour residence has been granted can remove the child for up to 30 days at a time.

user1479246102 · 24/11/2017 16:01

Thank you..

BewareOfDragons · 24/11/2017 16:18

I think you're going to need to go to court if you don't have a residence order.

New posts on this thread. Refresh page
Swipe left for the next trending thread