Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

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.

How do I get permission to take dc on holiday?

7 replies

Mummysharkdoodoodoo · 23/07/2018 15:51

Haven’t had any contact with exh for 2 years. He has nothing to do with dc, no idea where he is living etc. Domestic abuse and he was bery controlling so even if I knew where he was he would say no.

I’m wanting to go Germany next year with them. Their surnames are double barrelled with Mine and exh.

OP posts:
FunSizedNinja · 23/07/2018 15:56

You only need permission if you are leaving the country for longer than 28 days. My solicitor informed me of this ( ex was dv and has no contact). Said anything under 28 days and with the resident parent i dont need his permission

JustAnotherLawyer · 23/07/2018 17:43

If you have a child arrangements order in place you can take the children abroad for up to 28 days - no order in place and you'll need the consent of everyone with PR.

www.gov.uk/permission-take-child-abroad

If you don't know where your ex is, you may wish to consider applying for a CAO - the court will try to locate him - and get an order in place so you don't need to worry each time you wish to take the children abroad in future.

Collaborate · 23/07/2018 18:06

Plenty of myths, misunderstandings and mistakes on this subject, as highlighted by this thread. The law is:

  1. You need permission of all persons with PR to take a child abroad. That applies whether you're going for a day, a fortnight or a year.
  1. IF you have a certain type of child arrangements order from the court (one that says who the child shall live with) the person who the child is said to live with can remove the child temporarily for up to 28 days at a time without leave of the court.

Anything else is simply international child abduction, which is an offence under the Child Abduction Act 1984 (see here - www.legislation.gov.uk/ukpga/1984/37). The maximum penalty is 7 years imprisonment.

Collaborate · 23/07/2018 18:08

So, to answer your question, go to mediation (get a MIAM), complete form C100 and send it to the court. You are applying for a specific issue order.

Mummysharkdoodoodoo · 23/07/2018 19:12

I’m not doing mediation. My kids don’t want anything to do with him after seeing what he’s done to me. I will contact a solicitor xx

OP posts:
JustAnotherLawyer · 23/07/2018 21:25

SIO should only be used where a CAO will not produce the same outcome.

Think the .gov link covered everything else.

Notsurprisedatall · 24/07/2018 01:00

The court will not see you unless you complete a MIAM or have proof you tried, unless you have evidence of domestic abuse.

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