Court order holiday confusion

TeddyBeans · 2022-06-15T06:45:43+00:00

I have a court order with my ex that details contact arrangements. In the court order, there's a paragraph about holidays and removal from the country. I have a holiday booked for the middle of July to take DS to Turkey for 4 days. Ex knows about the holiday. I'm trying to work out if the court order allows for the holiday or whether I need to get the permission letter from my ex to be able to take DS without any dramas at the airport. I've attached the paragraph as a photo. Any advice welcome!

Ducksurprise · 15/06/2022 07:51

No I don't think you do need permission, however if you get on well I would certainly ask for one, a photocopy of his passport and a signed note from him on it, especially if you have a different surname.

My dh can't travel and I've been all over the world with our children without him, we all have the same surname and the place I've been stopped most at is Turkey.

PeekAtYou · 15/06/2022 07:57

The order allows the holiday without written permission but I suspect it's worded like that because some countries require written permission and it's better to have the permission as part of Co-parenting.

SoupDragon · 15/06/2022 08:03

I think the last sentence is the key one that allows you to take a child out of the country for a holiday.

i agree that you should get a letter if you are on good terms with your ex though. Do you have the same surname as your DS? I've never been asked for any kind of proof of permission to take my children on holiday but we do all share the same surname.

prh47bridge · 15/06/2022 08:12

I'm afraid the previous answers are wrong. That paragraph on its own doesn't tell us anything. It simply sets out the law.

The question is whether the CAO states that your son lives with you. If it does, you are fine - you can take him out of the country for up to one month (but take a copy of the CAO with you in case you are challenged). If it doesn't, you need your ex's consent or a Specific Issue Order.

Collaborate · 15/06/2022 10:38

prh47bridge · 15/06/2022 08:12

I'm afraid the previous answers are wrong. That paragraph on its own doesn't tell us anything. It simply sets out the law.

The question is whether the CAO states that your son lives with you. If it does, you are fine - you can take him out of the country for up to one month (but take a copy of the CAO with you in case you are challenged). If it doesn't, you need your ex's consent or a Specific Issue Order.

+1. Nothing you have posted is anything other than the standard warning attaching to all child arrangement orders.

purplecorkheart · 15/06/2022 10:45

Who does your son live with?

Original poster

TeddyBeans · 15/06/2022 19:02

Sorry for the late reply and thank you for all the responses. The court order states under live with order 'the child shall live with the mother.'

I've typed out a letter for my ex to read through and sign if need be.

OP posts:

Original poster

TeddyBeans · 15/06/2022 20:19

Oh and we don't have the same surname but my name is still as it was on DS's birth certificate

OP posts:

prh47bridge · 15/06/2022 20:29

In that case you can take your son out of the country for up to one month without needing the father's consent. Take a copy of the CAO with you in case you are challenged.

Original poster

TeddyBeans · 15/06/2022 21:17

Thank you @prh47bridge

OP posts:

Daysandnights · 16/06/2022 12:29

my exh took me to court as I booked a holiday for our two sons who live with me and they see there dad every other weekend and one night a week, all in a court order. As our holiday stopped him from seeing our children for two of his days he took me to court because he had tickets for a day out. The judge said we should be consulting with each other before booking our holidays in the event the other parent had booked an event and told me it was common sense. The judge clipped my wings and though the order says I can take our children away without permission I have ended up having to ask his permission!

Fuuuuuckit · 16/06/2022 18:26

prh47bridge · 15/06/2022 08:12

I'm afraid the previous answers are wrong. That paragraph on its own doesn't tell us anything. It simply sets out the law.

The question is whether the CAO states that your son lives with you. If it does, you are fine - you can take him out of the country for up to one month (but take a copy of the CAO with you in case you are challenged). If it doesn't, you need your ex's consent or a Specific Issue Order.

100% this. The paragraph you've quoted simply states the law.

What does the CO say?

Original poster

TeddyBeans · 16/06/2022 19:33

Daysandnights · 16/06/2022 12:29

my exh took me to court as I booked a holiday for our two sons who live with me and they see there dad every other weekend and one night a week, all in a court order. As our holiday stopped him from seeing our children for two of his days he took me to court because he had tickets for a day out. The judge said we should be consulting with each other before booking our holidays in the event the other parent had booked an event and told me it was common sense. The judge clipped my wings and though the order says I can take our children away without permission I have ended up having to ask his permission!

I won't book anything that goes over his contact time with DS for this exact reason. I'm lucky that he doesn't have a midweek visit otherwise I would have to ask permission to have him over his contact time as well

OP posts:

Original poster

TeddyBeans · 16/06/2022 19:34

TeddyBeans · 15/06/2022 19:02

Sorry for the late reply and thank you for all the responses. The court order states under live with order 'the child shall live with the mother.'

I've typed out a letter for my ex to read through and sign if need be.

@Fuuuuuckit

OP posts:

IfIhearmumagaintoday · 16/06/2022 19:59

@Ducksurprise can I ask was showing the DC birth certificate enough in Turkey? I've booked for next and me and DS have different surnames.

Ducksurprise · 16/06/2022 20:17

@IfIhearmumagaintoday

The problem I have most in regards to Turkey is getting past EU passport control. However it is luck of the draw, most times I have not been stopped however the times I have I have been relieved to have proof.
If you get on with your child's father the easiest way is to have a photocopy of the fathers passport and written permission from him on the photocopy.
If not take the birth certificate and any court orders with you, its leaving the UK where you are most likely to get stopped, however the majority leave every year with no issue.

(I love Turkey, we visit often but I always wear a wedding ring and when shopping always say my husband if off shopping for my birthday present, obviously you might not be going alone)

Ducksurprise · 16/06/2022 20:18

@TeddyBeans if he has a passport get him to photocopy that.

IfIhearmumagaintoday · 17/06/2022 17:32

@Ducksurprise I now always travel with DS birth certificate after being questioned in Manchester. Me and DS dad don't get on that well...but thanks for the info! My CAO doesn't actually state anything about travelling although I'm due to have it altered what exactly should it state?