Taking child on holiday

[Name99]

Hi, I need advice on how to obtain permission from the court to take a child on holiday.
I know for access a form can be downloaded to apply yourself, cutting out the need for solicitors
Is there a similar process for taking a child on holiday?
The child is 17, the ex will dispute out of pure spite.
Can anyone advise please ?
Thanks

I'm seeking advice for the non resident parent.
Its the resident parent who will cause problems for no other reason than spite
The child has decided that they wish to spend the majority of the time with the non resident parent with agreement of SS, police and the court in a non chaotic non abusive home.
The scales have fallen from the 17yr old eyes to what has been going on for years, resident parent is angry that the level of control they had on the child has been lost and will cling onto any smidgen of legal rights they have out of pure spite

Definitely wouldn't just take the child away it'll only give your ex more ammo so to speak. At 17 your child should be allowed to have a choice on the matter can the child not tell their father that they want to go on holiday with you. At least he'd be telling child to their face instead of you having to explain.

This is the wording on the order

It doesn't matter if the 17yr old tells the resident parent they want to go
The resident parent will be outraged and override the child's wishes and will quite openly do this, the 17yr old is fearful of the parents reaction, it will have consequences such as threats and abuse
The ex is not a normal person with normal reactions and behaviours

So it's a standard residence order, clarifying the time periods the child spends with which parent. Both have parental responsibility and both share residence.

What you're saying about the child bow wishing to spend more time with the non resident parent is irrelevant unfortunately until the time a new court order is made.

Not wishing to belittle a difficult situation, but how long before they are 18?

When the 17yr old decided this, they had been forcibly kicked out of the resident parents house, the resident parent would not allow them access to their belonging such as school books, clothing etc.
The police became involved to allow the child to get essential items, the resident parent made threats to have the non resident parent arrested for breach of the court order as the days stated were no longer being adhered to because of the level of abuse.
Police, SS and the court said that the 17yr old was free to live where they chose, no action would be taken against non resident parent and it was totally their choice.
17 and a few months closer to 17 than 18

This is the 1st page of the order, it was taken back to court
I'm confused about the wording on if either parent is allowed to take them without consent

Is it expensive stuff ? Can't it just be bought again or taken out gradually?
With a 17 year old I'd just go.

Yeah there's some stuff a 17yr old would want to take with them

I would ask take it to court and then ask.
If she is reasonable then you can cancel. If not its less wait time.

Do not spend a penny on solicitors just represent yourselves.

The last couple of lines on that screenshot make it seem as though the child can be taken as long as it's less than a month ?

Yeah there's some stuff a 17yr old would want to take with them

Honestly, i have a 17yo I know they're all different but the only thing we could no do without is their passport. EVERYTHING else can be bought if it's a difference of them going on holiday or not. Does the other parent have their passport?

Maybe it is not worth the grief, @Name99 - if you wait a few months, the child will be 18, and no permission will be needed. You could suggest it to the child, and say that a few extra months wait means a bit more time for you to save up for extra treats and fun on holiday.

Or do something special in the UK this year - a few days at a posh hotel and spa, if that would be up your, and their, street - and go abroad next year when the ex can not veto the trip.

It is a horrible situation for the child to be in - to know that one of your parents hates you enough to maliciously stop you having a holiday abroad. The only reasons I can think of for a parent - resident or non-resident - to object to a child being taken abroad is if they think the child will not be returned to their home country, or if the child will be harmed whilst abroad - girls being taken abroad to suffer female genital multinational for example.

This is what im trying to find out how to do
.gov says consult a solicitor is there a way it can be done without a solicitor as you can with downloading the c100 form.

Yes non resident parent has ordered a new passport and it's about to be dispatched so that's not a worry
Ex can't withhold it

It is an awful awful situation, this is one of many things the resident parent has done

There is absolutely no reason for them to object other than pure spite and to exert legal control that they are rapidly losing as the child approaches 18

Yes it does but it mentions consent from the other person with parental responsibility
The wording is confusing me

I can't read the whole of the order on my phone but the offence under the Child Abduction Act 1984 only applies to children under 16 www.legislation.gov.uk/ukpga/1984/37/section/1

You need C100 'specific Issues' application.

Good luck, I think courts are taking a long time at the moment, and it asks on the form if the other parent knows of the issue already, and if you have had mediation, if not why not....
It's such a pain!
(I'm the RP so no permission needed, except for I cannot withold contact in order to actually go on a family holiday!)

From what I can see on the documents attached, it doesn't state that one parent is resident and one is non resident. It says that it's shared residence and it comes across that the child lives with mother more than father, are you mother or father?

There are two elements here that are relevant. The criminal law on child abduction only applies to children under 16 www.legislation.gov.uk/ukpga/1984/37/section/1 so you are fine there (save that the law in the destination country may be different).

The wording in the order simply reflects the standard provision in the Children Act for taking a child abroad when there is a residence order (now 'lives with' child arrangements order) i.e. that the resident parent can take the child abroad for up to a month but any other trip requirest written consent of both. www.legislation.gov.uk/ukpga/1989/41/section/13 Generally residence orders will expire when the child is 18 unless yours says anything different.

I thought all child court orders only valid until child was 16….

The child did live with the mother more than the father, the child has since decided that they want to spend more time with the father
The father wants to take the child on holiday

This order specifically states 18